Amanda Keeling
Contact Details
The Human Rights of Vulnerable Adults
I am interested in how human rights frameworks, traditionally philosophically and theoretically grounded in autonomy, can be applied in practice to adults who lack capacity. I am particularly interested in the English and Welsh law and practice under the Mental Capacity Act 2005 (MCA), in light of the UN Convention of the Rights of Persons with Disabilities (UNCRPD). The UNCRPD is based on a social model of disability, which views society as disabling individuals, rather than physical or mental impairments; it is, therefore, the responsibility of society to change to end the disability and accomodate the impairment. As a result, the Convention takes the view that all individuals have legal capacity and the right and ability to make decisions. This is in direct contrast to the law in England and Wales, which allows for 'best interests' decision-making under the MCA.
Given that the UK is a signatory to the UNCRPD, and has ratified it with no reservations regarding substitute decision-making, I am interested in how the Convention can be implemented here, and what the challenges will be.
Academic Qualification
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Awarding Institution
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MA (Human Rights)
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University College London
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LLB
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King’s College London
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Multiculturalism and the need for Intercultural Dialogue, Cross Border Experience Conference 2011, Ljubljana, Slovenia
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The interface of the Mental Health Act 1983 and the Mental Capacity Act 2005 Deprivation of Liberty Safeguards – Difficulties in Psychiatric Settings, The Royal College of Psychiatrists Annual Conference 2011, Brighton
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The challenge of ‘necessary restrictions’ in determining deprivation of liberty for adults who lack capacity, The Socio-Legal Studies Association Annual Conference 2011, Brighton
(Two latter papers the result of work conducted as part of a team at the Cambridge Intellectual and Developmental Disabilities Research Group, consisting of ProfessorTony Holland, Dr Isabel Clare, Dr Marcus Redley and Dr Anna Bagnoli)
Brief career history
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2009-2011: Research Assistant on Department of Health funded projects investigating the implementation of the Mental Capacity Act 2005 Deprivation of Liberty Safeguards
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Cambridge Intellectual and Developmental Disabilities Research Group, Department of Psychiatry, University of Cambridge
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Twelve Years of Croatian Case Law at Strasbourg, 1997-2009, in The Compatibility of Croatian legislation and legal practice with the standards of the European Convention on Human Rights and the European Court of Human Rights ed. Ivana Radačić, 2011, Centar za Mirovne Studije: Zagreb (in Croatian, trans. I. Radačić)
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‘Legal Aspects’, in Mental Health in Care Homes, eds. Dr Tom Dening and Alisoun Milne, 2011, Oxford University Press: Oxford.