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Medicalisation and participation in legal capacity determinations in Chile
Pablo Marshall1, Guillermo Jiménez2
1Universidad Austral de Chile, Chile, Campus Isla Teja s/n, Valdivia, Chile.
Abstract:
This paper provides an examination of the process used by ordinary courts in Chile when making legal capacity determinations. It provides an up-to-date account of various aspects of law and procedure related to legal capacity in this jurisdiction. Also, by drawing on semi-structured interviews with judges, this paper examines judicial understandings of legal capacity decision-making focusing on problems related to the medicalisation of mental disability and the participation of persons with disabilities in legal capacity procedures.
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