2012 Fiscal Year Final Research Report
The Possibilities and the Limitation of "Facilitating Law"in Contemporary Society--- Establishing a legal framework which supports decision-making by themselves
| Project/Area Number |
22730009
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | Hosei University |
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Principal Investigator |
SUGA Fumie 法政大学, 経済学部, 准教授 (50386380)
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| Project Period (FY) |
2010 – 2012
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| Keywords | 成年後見 / 自己決定支援 / 制限行為能力制度 / 自律 / 国連障害者権利条約 |
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| Research Abstract |
In this project I have been researching on a legal framework where the right of people with mental disabilities to self-determination could be further enhanced. In such a legal system of “supported decision-making”, it will be expected that people who have difficulties in deciding by themselves could have sufficient support from others (i.e. guardians) who are also supported by “facilitating law” (e.g. giving protection from excessive liabilities). Throughout this project the concept of “best interest” in Japanese law has been analyzed in great detail, particularly as compared with the UK’s Mental Capacity Act 2005, It is to be hoped that social awareness of the importance of “wishes” of the person, no matter how limited his/her mental capacity would be, has been increased by this project.
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Research Products
(29 results)
