Recent legal developments challenge how valid the concept of mental
capacity is in determining whether individuals with impairments can
make decisions about their care and treatment. Kong defends a
concept of mental capacity but argues that such assessments must
consider how relationships and dialogue can enable or disable the
decision-making abilities of these individuals. This is thoroughly
investigated using an interdisciplinary approach that combines
philosophy and legal analysis of the law in England and Wales, the
European Court of Human Rights, and the United Nations Convention
on the Rights of Persons with Disabilities. By exploring key
concepts underlying mental capacity, the investigation concludes
that both primary relationships and capacity assessments themselves
must display key competencies to ensure that autonomy skills are
promoted and encouraged. This ultimately provides scope for
justifiable interventions into disabling relationships and
articulates the dialogical practices that help better situate,
interpret, and understand the choices and actions of individuals
with impairments.
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