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This chapter presents the main results of the EQUAL project. A total of 747 legal rulings were analysed to assess what has changed and what has remained the same in the content of court decisions regarding legal capacity in the country. Taking a sociology of human rights perspective [Frezzo, The Sociology of Human Rights. Polity Press (2015); Pinto, The Oxford Handbook of the Sociology of Human Rights (pp. 175–194). Oxford University Press (2023)], the discussion on barriers to change was expanded with the cross-examination of the 31 interviews with key stakeholders. Finally, formal and informal barriers to agency and self-determination were further explored through four focus groups conducted with 19 persons with intellectual and psychosocial disabilities who have had their rights restricted. The triangulation of all these data allowed an in-depth understanding of the potentialities and limitations to the implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) in Portugal.

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Realising the Right to Legal Capacity in Portugal

  • 章节

  • 出版模式：

    开放获取

  • 发表日期：

    2026年

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  • Paula Campos Pinto,
  • Patrícia Neca,
  • Teresa Janela Pinto

摘要

This chapter presents the main results of the EQUAL project. A total of 747 legal rulings were analysed to assess what has changed and what has remained the same in the content of court decisions regarding legal capacity in the country. Taking a sociology of human rights perspective [Frezzo, The Sociology of Human Rights. Polity Press (2015); Pinto, The Oxford Handbook of the Sociology of Human Rights (pp. 175–194). Oxford University Press (2023)], the discussion on barriers to change was expanded with the cross-examination of the 31 interviews with key stakeholders. Finally, formal and informal barriers to agency and self-determination were further explored through four focus groups conducted with 19 persons with intellectual and psychosocial disabilities who have had their rights restricted. The triangulation of all these data allowed an in-depth understanding of the potentialities and limitations to the implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) in Portugal.