On "free will" according to the Convention of the United Nations on the rights of persons with disabilities

被引:0
|
作者
Schmidt-Recla, Adrian [1 ]
机构
[1] Friedrich Schiller Univ Jena, Rechtswissensch Fak, Carl Zeiss Str 3, D-07743 Jena, Germany
来源
RECHT & PSYCHIATRIE | 2017年 / 35卷 / 04期
关键词
free will; Convention of the United Nations on the rights of persons with disabilities; legal capability; enjoy legal capability; intervention; obligation to protect; procedural rights;
D O I
暂无
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
The will of human beings is a basic assumption of law. For legal reasons, the human capability to will is conceptualized as free will and is central to the legal system. By doing so law does not and can not decide whether will is (or can be) free as many philosophers understand or neurobiologists deny. This also applies to the Convention of the United Nations on the rights of persons with disabilities (CRPD). The CRPD as a legal text supposes human beings (with disabilities) to will and their willing to cause legal consequences as the willing of other human beings does. Thus the CRPD recognizes their will as to be free. For that reason, the CRPD in Art. 12 section 4 does especially protect the procedural rights of persons with disabilities. By those rights persons with disabilities can fend off every intervention on their legal position regardless what disability they suffer from. German guardianship law furthermore allows means to protect human beings who according to medical expertise don't form a will. They are protected from severe damage caused by actions committed involuntarily. By doing so German law does not offend against the CRPD's rules.
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页码:197 / 206
页数:10
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