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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
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    Inverse View

    It is not the case that 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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    Reasons For

    1 perspective
    Reason for
    ?
    • 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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    Reasons Against

    1 perspective
    Reason against
    ?
    • 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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