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Abstract
This article addresses the right to legal capacity to consent to sex of people with intellectual disabilities. Article 12 of the Convention on the Rights of Persons with Disabilities guarantees the right to legal capacity on an equal basis in all areas of life. This article discusses sex as an area of life in which people with intellectual disabilities are frequently not being granted legal capacity on an equal basis. The article examines current capacity to consent to sex law in Ireland, England and Wales in light of Article 12. It proposes an ‘agreement model’ as a potential alternative that would be Article 12 compliant.
Disclosure statement
No potential conflict of interest was reported by the author.
Additional information
Funding
This work was supported by the Disability Rights Expanding Accessible Markets (DREAM) Training Network, a Marie Curie Initial Training Network (ITN) project. Project ID: 265057.