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Article: Bringing the Adult Guardianship Regime in Line with the UNCRPD: The Chinese Experience
Title | Bringing the Adult Guardianship Regime in Line with the UNCRPD: The Chinese Experience |
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Authors | |
Issue Date | 2021 |
Publisher | Oxford University Press. The Journal's web site is located at http://lawfam.oxfordjournals.org/ |
Citation | International Journal of Law, Policy and the Family, 2021, v. 35 n. 1, p. article no. ebab016 How to Cite? |
Abstract | This article examines the Chinese experience with adult guardianship, focusing in particular on the regimes in Hong Kong and China. As jurisdictions in which the UN Convention on the Rights of Persons with Disabilities (‘UNCRPD’) applies, a key question is whether the adult guardianship regimes in these jurisdictions can be considered compliant with the principles of the UNCRPD, specifically those in Article 12. The adult guardianship regimes in both jurisdictions are in essence substitute decision-making regimes and are therefore not consistent with the interpretation of Article 12 by the Committee on the Rights of Persons with Disabilities, or what is described as the ‘strong interpretation’ in this article. The question remains, however, as to whether they might be nonetheless considered compliant with what is described in this article as the ‘weak interpretation’. This article explores supported decision-making, the concept of capacity and the existence and sufficiency of safeguards in each of the two regimes, concluding that neither regime can be considered compliant even using the weak interpretation of Article 12. Reflections on the way forward are discussed. |
Description | Hybrid open access |
Persistent Identifier | http://hdl.handle.net/10722/301386 |
ISSN | 2023 Impact Factor: 0.9 2023 SCImago Journal Rankings: 0.297 |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Cheung, D | - |
dc.date.accessioned | 2021-07-27T08:10:17Z | - |
dc.date.available | 2021-07-27T08:10:17Z | - |
dc.date.issued | 2021 | - |
dc.identifier.citation | International Journal of Law, Policy and the Family, 2021, v. 35 n. 1, p. article no. ebab016 | - |
dc.identifier.issn | 1360-9939 | - |
dc.identifier.uri | http://hdl.handle.net/10722/301386 | - |
dc.description | Hybrid open access | - |
dc.description.abstract | This article examines the Chinese experience with adult guardianship, focusing in particular on the regimes in Hong Kong and China. As jurisdictions in which the UN Convention on the Rights of Persons with Disabilities (‘UNCRPD’) applies, a key question is whether the adult guardianship regimes in these jurisdictions can be considered compliant with the principles of the UNCRPD, specifically those in Article 12. The adult guardianship regimes in both jurisdictions are in essence substitute decision-making regimes and are therefore not consistent with the interpretation of Article 12 by the Committee on the Rights of Persons with Disabilities, or what is described as the ‘strong interpretation’ in this article. The question remains, however, as to whether they might be nonetheless considered compliant with what is described in this article as the ‘weak interpretation’. This article explores supported decision-making, the concept of capacity and the existence and sufficiency of safeguards in each of the two regimes, concluding that neither regime can be considered compliant even using the weak interpretation of Article 12. Reflections on the way forward are discussed. | - |
dc.language | eng | - |
dc.publisher | Oxford University Press. The Journal's web site is located at http://lawfam.oxfordjournals.org/ | - |
dc.relation.ispartof | International Journal of Law, Policy and the Family | - |
dc.rights | This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. | - |
dc.title | Bringing the Adult Guardianship Regime in Line with the UNCRPD: The Chinese Experience | - |
dc.type | Article | - |
dc.identifier.email | Cheung, D: dtcheung@hku.hk | - |
dc.identifier.authority | Cheung, D=rp02092 | - |
dc.description.nature | published_or_final_version | - |
dc.identifier.doi | 10.1093/lawfam/ebab016 | - |
dc.identifier.scopus | eid_2-s2.0-85112143636 | - |
dc.identifier.hkuros | 323612 | - |
dc.identifier.volume | 35 | - |
dc.identifier.issue | 1 | - |
dc.identifier.spage | article no. ebab016 | - |
dc.identifier.epage | article no. ebab016 | - |
dc.identifier.isi | WOS:000754657300022 | - |
dc.publisher.place | United Kingdom | - |