Overcoming Challenges in the Mental Capacity Act 2005. Camillia Kong

It is covered, for instance, in the report of the Essex Autonomy Project on compliance of the mental capacity regimes in the UK with the CRPD: https://autonomy.essex.ac.uk/subject/crpd.

5 However, one of us (ARK) has been heavily involved in law reform work in this area as consultant to the Law Commission’s Mental Capacity and Deprivation of Liberty project (Law Com No 272 (Law Commission 2017)).

6 Article16(1) requires States Parties to ‘take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects’.

7 Article 16(4) provides that ‘States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services.’

8 The Singapore Court of Appeal considered that this was, in fact, what the Court of Appeal had held in the York case, and that the Court of Protection had also held the same in two earlier cases: Re A (Capacity: Refusal of Contraception) [2010] EWHC 1549 (Fam) and The London Borough of Redbridge v G and Others [2014] EWHC 485 (COP).