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Grounding the right to live in the community (CRPD Article 19) in the capabilities approach to social justice

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Grounding the right to live in the community (CRPD Article 19) in the capabilities approach to social justice. / Wynne Bannister, Emma; Venkatapuram, Sridhar.

In: International Journal of Law and Psychiatry, Vol. 69, 101551, 04.04.2020.

Research output: Contribution to journalArticle

Harvard

Wynne Bannister, E & Venkatapuram, S 2020, 'Grounding the right to live in the community (CRPD Article 19) in the capabilities approach to social justice', International Journal of Law and Psychiatry, vol. 69, 101551. https://doi.org/10.1016/j.ijlp.2020.101551

APA

Wynne Bannister, E., & Venkatapuram, S. (2020). Grounding the right to live in the community (CRPD Article 19) in the capabilities approach to social justice. International Journal of Law and Psychiatry, 69, [101551]. https://doi.org/10.1016/j.ijlp.2020.101551

Vancouver

Wynne Bannister E, Venkatapuram S. Grounding the right to live in the community (CRPD Article 19) in the capabilities approach to social justice. International Journal of Law and Psychiatry. 2020 Apr 4;69. 101551. https://doi.org/10.1016/j.ijlp.2020.101551

Author

Wynne Bannister, Emma ; Venkatapuram, Sridhar. / Grounding the right to live in the community (CRPD Article 19) in the capabilities approach to social justice. In: International Journal of Law and Psychiatry. 2020 ; Vol. 69.

Bibtex Download

@article{51537c7796314a30947a4cce7b2dfd6a,
title = "Grounding the right to live in the community (CRPD Article 19) in the capabilities approach to social justice",
abstract = "For advocates of the rights of persons with disabilities, particularly persons with mental disabilities, the human right to live in the community as an equal member is seen to be central and, often, even as the basis for all other human rights. Yet, despite its articulation in human rights law in the Convention on the Rights of People with Disabilities (CRPD), foundational issues about the right remain undertheorized and unclear. This paper brings to bear the capabilities approach, a normative framework about human well-being, social development and social justice, to this central concern in disability rights, mental health ethics, and international human rights law: protecting and respecting a person's right to live in a community as an equal. We argue that this human and moral right is best conceptualized as a capability to live in the community as an equal member. The capabilities approach provides this capability with a strong ethical framework and conceptual resources to guide reasoning and its practical realization.",
keywords = "CRPD (Convention of the Rights of Persons with Disabilities), Capabilities approach, Community, Disability, Human rights",
author = "{Wynne Bannister}, Emma and Sridhar Venkatapuram",
note = "Copyright {\textcopyright} 2020 The Authors. Published by Elsevier Ltd.. All rights reserved.",
year = "2020",
month = apr,
day = "4",
doi = "10.1016/j.ijlp.2020.101551",
language = "English",
volume = "69",
journal = "International Journal of Law and Psychiatry",
issn = "0160-2527",
publisher = "Elsevier Limited",

}

RIS (suitable for import to EndNote) Download

TY - JOUR

T1 - Grounding the right to live in the community (CRPD Article 19) in the capabilities approach to social justice

AU - Wynne Bannister, Emma

AU - Venkatapuram, Sridhar

N1 - Copyright © 2020 The Authors. Published by Elsevier Ltd.. All rights reserved.

PY - 2020/4/4

Y1 - 2020/4/4

N2 - For advocates of the rights of persons with disabilities, particularly persons with mental disabilities, the human right to live in the community as an equal member is seen to be central and, often, even as the basis for all other human rights. Yet, despite its articulation in human rights law in the Convention on the Rights of People with Disabilities (CRPD), foundational issues about the right remain undertheorized and unclear. This paper brings to bear the capabilities approach, a normative framework about human well-being, social development and social justice, to this central concern in disability rights, mental health ethics, and international human rights law: protecting and respecting a person's right to live in a community as an equal. We argue that this human and moral right is best conceptualized as a capability to live in the community as an equal member. The capabilities approach provides this capability with a strong ethical framework and conceptual resources to guide reasoning and its practical realization.

AB - For advocates of the rights of persons with disabilities, particularly persons with mental disabilities, the human right to live in the community as an equal member is seen to be central and, often, even as the basis for all other human rights. Yet, despite its articulation in human rights law in the Convention on the Rights of People with Disabilities (CRPD), foundational issues about the right remain undertheorized and unclear. This paper brings to bear the capabilities approach, a normative framework about human well-being, social development and social justice, to this central concern in disability rights, mental health ethics, and international human rights law: protecting and respecting a person's right to live in a community as an equal. We argue that this human and moral right is best conceptualized as a capability to live in the community as an equal member. The capabilities approach provides this capability with a strong ethical framework and conceptual resources to guide reasoning and its practical realization.

KW - CRPD (Convention of the Rights of Persons with Disabilities)

KW - Capabilities approach

KW - Community

KW - Disability

KW - Human rights

UR - http://www.scopus.com/inward/record.url?scp=85080118697&partnerID=8YFLogxK

U2 - 10.1016/j.ijlp.2020.101551

DO - 10.1016/j.ijlp.2020.101551

M3 - Article

C2 - 32241458

VL - 69

JO - International Journal of Law and Psychiatry

JF - International Journal of Law and Psychiatry

SN - 0160-2527

M1 - 101551

ER -

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