Gendered denials: Vulnerability created by barriers to legal capacity for women and disabled women

被引:7
作者
Arstein-Kerslake, Anna [1 ]
机构
[1] Univ Melbourne, Melbourne Law Sch, 185 Pelham St, Carlton, Vic 3053, Australia
关键词
Legal capacity; Autonomy; Vulnerability; Women; Gender; Disability; INTIMATE PARTNER VIOLENCE; INTELLECTUAL DISABILITIES; CONTRACEPTIVE MANAGEMENT; SEXUAL AUTONOMY; UNITED-STATES; ARTICLE; 12; ABORTION; ABUSE; RIGHTS; CONSENT;
D O I
10.1016/j.ijlp.2019.101501
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article explores the vulnerability that is created when legal capacity is denied to women and disabled women. It argues that vulnerability is largely contingent on social constructs - as opposed to being an inherent quality of disability or gender. It discusses barriers to the exercise of legal capacity that women and disabled women experience - such as limitations on reproductive choice, higher rates of substituted decision-making, and unique experiences with forced mental health treatment. It then explores evidence that such barriers are dis-empowering and can leave women and disabled women vulnerable to abuse and marginalisation. It explores financial, physical and sexual abuse that can occur as a result of this vulnerability. Finally, it concludes that autonomy and power are inextricably linked and can be essential for minimising vulnerability.
引用
收藏
页数:9
相关论文
共 130 条
[1]  
Anderson J, 2013, MILESTONES IN WATER REUSE: THE BEST SUCCESS STORIES, P137
[2]  
Anderson MichelleJ., 2010, Michigan Journal of Gender Law, V17, P83
[3]  
Anderson MJ, 2002, GEORGE WASH LAW REV, V70, P51
[4]  
[Anonymous], 2001, MADNESS CIVILIZATION
[5]  
[Anonymous], CENTURY STRUGGLE WOM
[6]  
[Anonymous], 2013, VULNERABILITY NEW ES, DOI DOI 10.1093/ACPROF:OSO/9780199316649.003.0009
[7]  
[Anonymous], 2005, AUTONOMY CHALLENGES
[8]  
[Anonymous], 2016, VULBERABILITY RESIST
[9]  
[Anonymous], 1978, Ms. Magazine
[10]   Women in acute psychiatric units, their characteristics and needs: a review [J].
Archer, Michaela ;
Lau, Yasmine ;
Sethi, Faisil .
BJPSYCH BULLETIN, 2016, 40 (05) :266-272