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What is the difference between MCA (2005) and CRPD?

The Mental Capacity Act (2005) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are both legal frameworks addressing issues relative to decision-making capacity. However, there are key differences in their scope and approach.

MCA (2005) vs CRPD

  1. National vs International

    MCA (2005) – The Mental Capacity Act is a law enacted in England and Wales. It is specific to these two jurisdictions and is a legal framework regarding decision-making capacity.

    CRPD – The United Nations adopted the CRPD in 2006. It sets out a comprehensive framework for the worldwide protection and rights of persons with disabilities. It is not specific to any country and serves as a guideline for developing disability rights, laws and policies.
  2. Scope

    MCA (2005) – The primary focus of this act is that of issues relating to mental capacity and decision-making. It provides a legal framework for those making decisions on behalf of individuals who lack the capacity to do so themselves.

    CRPD – The CRPD is a broader human rights treaty that covers a wide range of rights and issues relating to persons with disabilities. This includes, but is not limited to, decision-making capacity.
  3. Principles

    MCA (2005) – The Mental Capacity Act mostly concerns itself with a functional assessment of capacity. With a primary emphasis on the welfare and protection of individuals who lack capacity, it lays out a framework for making decisions with their best interests in mind.

    CRPD – Based on a social model of disability, the CRPD emphasises the importance of inclusion, equality and non-discrimination. It promotes the idea that disability results from societal barriers and attitudes, rather than the inherent limitations of individuals.

  4. Decision-Making Process

    MCA (2005) – Allowing for substituted decision-making, this act allows for others to make decisions on behalf of individuals who lack the capacity to do so. It emphasises a process of assessing capacity and further determining what decisions should made in a person’s best interest. This often occurs with input from family members, healthcare professionals or legal representatives.

    CRPD – The CRPD prioritises supported decision-making where it enables individuals to make these choices themselves. It also recognises the right to legal capacity for all persons with disabilities. This ensures that their preferences are respected in all matters, and that substituted decision-making is a last resort, if needed.

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