Vers un droit à l’autonomie des personnes vivant avec la maladie d’Alzheimer?

Baudoin, ME and Kang-Riou, N 2017, 'Vers un droit à l’autonomie des personnes vivant avec la maladie d’Alzheimer?' , Gérontologie et société, 39 (154) , pp. 45-59.

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Abstract

Towards a right to autonomy for people living with dementia?

One of the key challenges of the 21st century is to protect the autonomy of an ageing population, with a growing proportion living with cognitive impairments. However, this is an arduous task faced with important issues. The first one is to agree as to what autonomy means, in a context in which international treaties such as the European Convention on Human Rights or the UN Convention on the Rights of Persons with Disabilities take different approaches. For the European Court of Human Rights, it is not necessary to choose between autonomy and protection of the person against oneself; on the contrary for the Committee on the rights of persons with disabilities, the priority has to be the maximum preservation of autonomous decision-making even to the point of overlooking the necessary protection.

The second hurdle follows: how to conform to these international human rights norms which diverge in their understanding of the relationship of the individual and the community? Thus this is not an easy task for states, like the UK, which have adopted recent legislation meant to increase the role of the will and preferences of individuals at every stage of their lives, whilst maintaining a minimum level of protection. In England, the key instrument is the Mental Capacity Act 2005 which is meant to be "dementia-friendly" but still faces many implementation issues.

Item Type: Article
Schools: Schools > Salford Business School
Journal or Publication Title: Gérontologie et société
Publisher: Caisse nationale d'assurance vieillesse
ISSN: 0151-0193
Depositing User: N Kang-Riou
Date Deposited: 13 Oct 2017 08:26
Last Modified: 13 Oct 2017 08:32
URI: http://usir.salford.ac.uk/id/eprint/44059

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