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Published online by Cambridge University Press: 03 August 2023
Chapter 3 explains the principle of the indivisibility and interdependence of human rights (‘the principle of indivisibility) as recognising: (a) the equal importance of economic, social and cultural rights with civil and political rights, and (b) the interdependence of rights within and across categories. It explains how the privileging of civil and political rights, including the right to legal capacity, erroneously frames state restraint as always rights-affirming; such framing, in turn, demands the abolition of decision-making by substitutes. It argues that depending on how an adult with cognitive disability is contingently situated even after all supports are provided, they may require a decision to be made by a substitute to fulfil an immediate socio-economic need and to claim their human rights. It argues that Article 12, in requiring supports for legal capacity, is a ‘hybrid’ civil and political and socio-economic right, illustrating and driving the principle of indivisibility in the CRPD.
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