Mental Capacity and International Law

Date: Monday 10 December 2012

Time: 17:30 to 19:30

Location: London Office

Venue: Doughty Street Chambers

Speakers: Kate Markus QC, Chair Genevra Richardson CBE Professor of Law, King's College London, Peter Bartlett, Professor of Law, University of Nottingham

This seminar is part of a one-year series which examines developments in international law relevant for people with intellectual disabilities, as well as mental health service users in England and Wales.

The series is a collaboration between Doughty Street Chambers and the Mental Disability Advocacy Centre (MDAC), and will critically examine developments in international law, soft law from the Council of Europe, as well as domestic case-law. The discussion will aim to be litigation-focused and to equip practitioners with ideas and arguments which they can integrate into their cases.

This second seminar "Mental Capacity and International Law" explores the extent to which Court of Protection practice complies with Article 12 of the UN Convention on the Rights of Persons with Disabilities which sets out the right to legal capacity in all areas of life, and access to supports for people who may need such assistance. The seminar will brainstorm how some of the UK domestic laws and practices might be challenged under the Optional Protocol to the CRPD to further the rights of people with disabilities in the UK.

The Mental Disability Advocacy Centre ( is an international human rights organisation based in Budapest which advances the rights of children and adults with psycho-social disabilities (mental health issues) and intellectual disabilities (learning disabilities). MDAC carries out strategic litigation before domestic courts, the ECHR and other international courts. It also carries out advocacy at domestic and international levels to hold governments to account, conducts human rights monitoring, and capacity-building.

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