Tools
Tools
Heywood, Rob, Ryan, Hayley, Killett, Anne 
ORCID: https://orcid.org/0000-0003-4080-8365, Langdon, Peter ORCID: https://orcid.org/0000-0002-7745-1825, Plenderleith, Yvonne, Shiggins, Ciara and Bunning, Karen ORCID: https://orcid.org/0000-0002-7396-9205
(2019)
Lost voices in research: Exposing the gaps in the Mental Capacity Act 2005.
Medical Law International, 19 (2-3).
pp. 81-112.
ISSN 0968-5332
Preview |
PDF (Accepted_Manuscript)
- Accepted Version
Download (1MB) | Preview |
Abstract
Despite laudable intentions, since its inception, the Mental Capacity Act 2005 of England and Wales (MCA) has proved to be a controversial piece of legislation. The majority of legal scholarship has concentrated on the problems created by the Act in relation to the treatment of incapacitated patients. However, there is an additional and somewhat unexplored dimension to the MCA, that of research. We argue here that the research provisions of the MCA are poorly drafted and do not provide an appropriate balance between protection and empowerment. We also assert that contrasting obligations and expectations are placed on different parties in the approval process, which creates a blurred sense of responsibility and a potential chilling effect.
| Item Type: | Article |
|---|---|
| Faculty \ School: | Faculty of Social Sciences > School of Law Faculty of Medicine and Health Sciences > School of Health Sciences Faculty of Medicine and Health Sciences > Norwich Medical School |
| UEA Research Groups: | Faculty of Social Sciences > Research Groups > Company and Commercial Law (former - to 2017) Faculty of Medicine and Health Sciences > Research Groups > Dementia & Complexity in Later Life Faculty of Medicine and Health Sciences > Research Groups > Rehabilitation Faculty of Medicine and Health Sciences > Research Centres > Lifespan Health |
| Related URLs: | |
| Depositing User: | LivePure Connector |
| Date Deposited: | 27 Aug 2019 14:35 |
| Last Modified: | 19 Oct 2023 02:29 |
| URI: | https://ueaeprints.uea.ac.uk/id/eprint/72054 |
| DOI: | 10.1177/0968533219867365 |
Downloads
Downloads per month over past year
Actions (login required)
 |
View Item |