The development of disability rights under international law: from charity to human rights

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Notes

1. These are the Universal Declaration of Human Rights (United Nations 1948), the International Covenant on Civil and Political Rights (United Nations 1966a) and the International Covenant on Economic, Social and Cultural Rights (United Nations 1966b).

2. Kanter says that the Act distinguishes between decision-making and the ability to communicate, such that ‘if a person is able to make decisions, but has communication difficulties, the person could not be denied legal capacity’ (274). This is incorrect. An inability to communicate one’s decision is considered ‘mental incapacity’, just as an inability to understand, retain, use or weigh information is (see s3(1) Mental Capacity Act 2005), and is the basis for restrictions on legal capacity.