The UN Convention on the Rights of Persons with Disabilities (Art. 12) legally mandates supported decision-making that presupposes graduated, domain-specific capacity rather than binary substituted judgment.

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1 reason against

Reasons For

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Reason for

1.Capacity varies by domain: someone may decide medical choices independently but need support for financial decisions, reflecting cognitive reality.
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2.Binary substituted judgment removes autonomy wholesale; supported decision-making preserves agency while providing necessary assistance.
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3.Article 12 CRPD explicitly rejects substituted decision-making, obligating states to recognize legal capacity with appropriate support structures.
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Reasons Against

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Reason against

1.Assessing domain-specific capacity requires complex, costly individualized evaluation—binary approaches may be more administratively feasible in practice.
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2.Supported decision-making can obscure subtle coercion; supporters may systematically influence choices in their own interests without clear accountability.
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3.Article 12 interpretation remains contested legally; many jurisdictions maintain substituted judgment as compatible with dignity-based readings of the CRPD.
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Key Terms

Article 12 (Art. 12)(as the specific part of the convention being discussed): A specific numbered section of a law or agreement—in this case, the section of the UN Convention dealing with legal decision-making for people with disabilities.
Binary substituted judgment(as the outdated approach the UN Convention moves away from): An older legal approach that treats decision-making as strictly either/or: either someone can make all their own decisions, or a court appoints someone else to make decisions for them instead.
Domain-specific capacity(as part of graduated capacity): The recognition that someone might be capable of making good decisions in one area of life (like choosing what to eat) but need help in another area (like managing finances).
Graduated capacity(as an assumption of supported decision-making): The idea that a person's ability to make decisions isn't simply 'all or nothing'—instead, their capacity exists on a scale and can vary depending on the situation.
Supported decision-making(as the method the UN Convention requires): A legal approach where someone with a disability makes their own decisions, but with help from trusted people (like family or advisors) who assist them in understanding their options.
UN Convention on the Rights of Persons with Disabilities(as the legal document being referenced): An international agreement signed by most countries that sets out the rights people with disabilities should have and how governments should protect those rights.

Connections

2 topics

Justice & Punishment1 linked Bioethics1 linked

Article 12 CRPD explicitly rejects substituted decision-making, obligating state...Article 12 interpretation remains contested legally; many jurisdictions maintain...

Details

Type: claim
Perspectives: 2 (1 for, 1 against)
Edits: 1 edit