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1

de Bhailís, Clíona, and Eilionóir Flynn. "Recognising legal capacity: commentary and analysis of Article 12 CRPD." International Journal of Law in Context 13, no. 1 (February 15, 2017): 6–21. http://dx.doi.org/10.1017/s174455231600046x.

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AbstractThis paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the right to equal recognition before the law and encompasses both academic writing in this area and General Comment No. 1 from the Committee on the Rights of Persons with Disabilities. The content is intended to provide readers of this Special Issue with a general understanding of developments surrounding Article 12 so they can fully engage with the other papers within this Special Issue and with the content of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) project as a whole.
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2

Fallon-Kund, Marie, and Jerome E. Bickenbach. "New Legal Capacity Laws and the United Nations Convention on the Rights of Persons with Disabilities: An Overview of Five Countries in Europe." European Journal of Health Law 24, no. 3 (May 31, 2017): 285–310. http://dx.doi.org/10.1163/15718093-12341413.

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AbstractSeveral state parties to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) undertook recent revisions of their national legal capacity laws. These revisions aim to promote the autonomy of persons with disabilities as set forward by the CRPD. At the same time, the CRPD Committee calls for the abolishment of all forms of substitute decision-making through its first General Comment on Article 12 of the Convention. We thus describe the main components of new legal capacity laws of Belgium, the Czech Republic, France, Germany, and Switzerland and assess those in light of the General Comment. We argue that none of these countries completely abolished substitute decision-making regimes and align with the views that a more realistic interpretation should be given to the CRPD. Such interpretation would provide better guidance for countries in the implementation of Article 12.
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3

Cukalevski, Emily. "Supporting Choice and Control—An Analysis of the Approach Taken to Legal Capacity in Australia’s National Disability Insurance Scheme." Laws 8, no. 2 (March 27, 2019): 8. http://dx.doi.org/10.3390/laws8020008.

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In mid-2013, the Australian federal government introduced the National Disability Insurance Scheme (NDIS), a ground-breaking reform of disability support services, encapsulated by the mantra of increasing “choice and control”. The scheme provides eligible persons with disabilities a legislated entitlement to supports they may require to increase their independence and social and economic participation. The NDIS has been hailed as a major step forward in Australia’s efforts to realize the human rights of persons with disabilities, in accordance with the UN Convention on the Rights of Persons with Disabilities (CRPD). A core aspect of the CRPD is guaranteeing persons with disabilities their civil and political right to equality before the law, including their right to enjoy legal capacity on an equal basis with others, as provided by Article 12 of the CRPD. The purpose of this paper is to examine how the concept of choice and control has been operationalized within the NDIS and to critically analyze the extent to which it accords with the requirements of Article 12. It will be argued that even though the NDIS expressly seeks to implement the CRPD as one of its key objectives, it ultimately falls short in fully embracing the obligations of Article 12 and the notions of autonomy and personhood underlying it.
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4

Morrissey, Fiona. "The United Nations Convention on the Rights of Persons with Disabilities: A New Approach to Decision-Making in Mental Health Law." European Journal of Health Law 19, no. 5 (2012): 423–40. http://dx.doi.org/10.1163/15718093-12341237.

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Abstract The UN Convention on the Rights of Persons with Disabilities (CRPD) requires us to engage in new approaches to decision-making in mental health law. The reclassification of mental health rights to the realm of disability rights is an important step towards equal treatment for persons with psychosocial disabilities. Law reformers worldwide are beginning to consider the implications of the provisions. Legislators will be required to understand the underlying philosophy of the CRPD to realise the rights set out in it. The CRPD possesses a number of innovative provisions which can transform decision-making in the mental health context. Article 12 provides a new conceptualisation of persons with disabilities and their capacity to participate by requiring support to exercise legal capacity. While good practice exists, the provision has yet to be fully implemented by many State Parties. This article discusses the impact of the CRPD on mental health law, legal capacity law and describes examples of supported decision-making models for mental health care.
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5

Klie, Thomas, and Jörg Leuchtner. "Mental Capacity." GeroPsych 28, no. 1 (January 2015): 7–15. http://dx.doi.org/10.1024/1662-9647/a000117.

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The Convention on the Rights of Persons with Disabilities (CRPD) was adopted on December 13, 2006. It states that, in order to guarantee their legal capacity, all individuals with a disability are entitled to receive access to legal assistance and support proportionate to the degree of their respective mental capacity. Appropriate professional and legal interaction with people suffering from dementia presents a key challenge to all countries that have ratified the CRPD. This review describes the meaning of Article 12 of the CRPD with regard to the mental capacity of people with dementia as well as the challenges and possible paths of action arising from the ratification of the CRPD in Germany. The review closes with an illustration of exemplary international approaches that provide an opportunity to open up new perspectives.
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6

Bornman, Juan. "Preventing Abuse and Providing Access to Justice for Individuals with Complex Communication Needs: The Role of Augmentative and Alternative Communication." Seminars in Speech and Language 38, no. 04 (September 2017): 321–32. http://dx.doi.org/10.1055/s-0037-1604279.

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AbstractIndividuals with disabilities, in particular those with complex communication needs, have an increased risk of falling victim to crimes such as abuse and violence. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) highlights the human rights that all persons should enjoy. It recognizes the importance of communication, not only as a basic human right that is essential to ensure one's protection and one's participation in all spheres of life, but also as an essential human need through which opinions, thoughts, emotions, and points of view can be shared. This article will address four specific articles of the CRPD that are essential for preventing abuse (including sexual abuse) and for providing access to justice for these at-risk individuals. These are: Article 6 (Women with Disabilities); Article 16 (Freedom from Exploitation, Violence and Abuse); Article 12 (Equal Recognition before the Law); and Article 13 (Access to Justice). Seven South African studies that focused on these four articles will be described in terms of their aims, methods, results, and clinical implications.
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7

Newcombe, Nicolina. "Reflecting on an unexpected challenge in obtaining ethical approval for research with adults with learning disabilities." Waikato Journal of Education 27, no. 2 (September 8, 2022): 27–32. http://dx.doi.org/10.15663/wje.v27i2.920.

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Obtaining ethical approval for my PhD research with adults with learning (intellectual) disabilities presented an unexpected challenge of learning to work with two sets of guidance: the United Nations Convention on the Rights of Persons with Disabilities (CRPD), and the Ethical Conduct in Human Research and Related Activities Regulations (HRR). The CRPD binds States Parties to progress equal rights for people with disabilities of which Article 12, equal recognition before the law, disconnects mental capacity from legal capacity. The HRR protects participants, researchers and institutions and recognises mental capacity as a component of informed consent. In applying the CRPD and the HRR as complementary safeguards, and looking through the lens of edgewalking, I gained an appreciation for positively encountering complexity and incorporating multiple points of view. This article will describe how my challenging experience enabled skill building to develop a more strategic academic voice and will be of interest to student and other researchers.
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8

Müller, Sabine. "Einfluss der UN-Behindertenrechtskonvention auf die deutsche Rechtsprechung und Gesetzgebung zu Zwangsmaßnahmen." Fortschritte der Neurologie · Psychiatrie 86, no. 08 (August 2018): 485–92. http://dx.doi.org/10.1055/a-0597-2031.

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ZusammenfassungDie UN-Behindertenrechtskonvention (UN-BRK) hat die Rechtsprechung und Gesetzgebung zur Psychiatrie in Deutschland beeinflusst. Sie hat bei richtungweisenden Entscheidungen des Bundesverfassungsgerichts und des Bundesgerichtshofs eine Rolle gespielt, durch die Novellierungen des Betreuungsrechts und verschiedener Landesgesetze (PsychischKranken-, Unterbringungs- und Maßregelvollzugsgesetze) veranlasst wurden.Außerdem hat sie eine intensive Diskussion innerhalb der Psychiatrie angestoßen, die inzwischen zu einem kritischeren und zurückhaltenderen Umgang mit Zwangsbehandlungen geführt hat.Die Auslegung der UN-BRK ist allerdings umstritten. Das von der UNO eingesetzte "Committee on the Rights of Persons with Disabilities" (CRPD) hat 2014 in seinem "General Comment on Article 12 of the UN Convention" eine Interpretation der UN-BRK veröffentlicht, die in problematischer Weise von früheren internationalen Vereinbarungen über Menschenrechte und früheren WHO-Empfehlungen abweicht. Darin fordert das CRPD u.a. die völlige Abschaffung von ersetzenden Entscheidungen durch rechtliche Betreuer sowie die vollständige Abschaffung von Unterbringungen und Zwangsmaßnahmen. Von Seiten der Bundesregierung wird die Auslegung des CRPD nicht anerkannt. Auch das Bundesverfassungsgericht hat in einer Entscheidung zu Zwangsbehandlungen zum einen festgestellt, dass die Stellungnahmen des CRPD für internationale und nationale Gerichte nicht völkerrechtlich verbindlich sind. Zum anderen hat es die Position des CRPD inhaltlich kritisiert und insbesondere dargelegt, dass aus der UN-BRK keineswegs folgt, dass es keinerlei ersetzende Entscheidungen und keinerlei Zwangsbehandlungen geben dürfe. Vielmehr sieht das Bundesverfassungsgericht eine Schutzpflicht des Staates gerade für Menschen, die aufgrund von Krankheit oder Behinderung keinen freien Willen bilden können und sich in hilfloser Lage befinden. Diese Menschen sollten nicht ihrem Schicksal überlassen werden.Das Bundesverfassungsgericht hat die UN-BRK interpretiert, indem es zwischen den verschiedenen Grundrechten abgewogen und zwischen dem freien und dem natürlichen Willen differenziert hat, während das CRPD ein naiv verstandenes Recht auf Selbstbestimmung absolut gesetzt hat.
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9

LEE, Myunghwa. "Recognition of Legal Capacity in CRPD Article 12 and the Korean Constitutional Court Decision on Forced Institutionalization." KOREAN JOURNAL OF INTERNATIONAL LAW 66, no. 2 (June 30, 2021): 103–28. http://dx.doi.org/10.46406/kjil.2021.06.66.2.103.

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10

Glen, Kristin Booth. "Supported Decision-Making and the Human Right of Legal Capacity." Inclusion 3, no. 1 (March 1, 2015): 2–16. http://dx.doi.org/10.1352/2326-6988-3.1.2.

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Abstract The United Nations Convention on the Rights of Persons With Disabilities (CRPD) establishes a new paradigm of supported decision-making, rather than guardianship or substituted decision-making, for people with intellectual disability (ID). Article 12 of the CRPD guarantees every person's right to legal capacity—to make her/his own decisions and have those decisions legally recognized—and specifically requires governments to provide people with ID the supports they may need to exercise legal capacity. The Article describes the human rights regime and explores different forms of supported decision-making and legislative efforts to abolish guardianship. It calls for a paradigm shift in how we view people with ID, from inquiry into what a person cannot do, to supports necessary to enable her/him to make her/his own decisions, and the legal efforts necessary to ensure that such decisions are recognized by third parties including financial institutions, healthcare providers, and government agencies.
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11

Holness, Willene, and Sarah Rule. "Barriers to Advocacy and Litigation in the Equality Courts for Persons with Disabilities." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 5 (April 10, 2017): 1963. http://dx.doi.org/10.17159/1727-3781/2014/v17i5a2155.

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The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) and the fulfilment of the South African state's obligations in terms of the Convention on the Rights of Persons with Disabilities (CRPD) are dependent on two fundamental tools, advocacy and litigation. This article discusses the outcome of three cases in the Equality Courts and how these cases promote accessibility and access to justice for persons with disabilities. The authors then consider the impact of CREATE, a KwaZulu-Natal NGO's advocacy initiatives to promote the rights of persons with disabilities and the utilisation of the Equality Court to realise those rights. Participants of ten workshops in KwaZulu-Natal identified three barriers to access to justice in accessing the Equality Courts. Firstly, some Equality Courts are geographically (and financially) inaccessible. Secondly, the negative and insensitive attitudes of front-line workers impact on the ability of persons with disabilities to bring equality claims to and access the services of the Equality Court. These barriers constitute discrimination and flout articles 9 and 13 of the CRPD, which require the provision of support for persons with disabilities to access the justice system and the promotion of accessibility to the physical environment, and the provision to them of transportation, information and other services. Thirdly, cultural norms and fears impede access to courts and the agency of persons with disabilities to bring these claims, for example the requirement that traditional leaders provide "permission" to persons with disabilities to sue and a similar requirement of permission from the in-laws of women with disabilities. The article analyses the three barriers identified as inhibiting advocacy and litigation, and explains the implication of these barriers for the state's obligations in terms of articles 5, 8, 9, 12 and 13 of the CRPD. Recommendations are made on overcoming these barriers.
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12

de Almeida, José Miguel Caldas. "The CRPD Article 12, the limits of reductionist approaches to complex issues and the necessary search for compromise." World Psychiatry 18, no. 1 (January 2, 2019): 46–47. http://dx.doi.org/10.1002/wps.20602.

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13

Juodkaitė, Dovilė. "Supported Decision Making Model as a Tool and Form for Socialization of People with Psychosocial Disabilities: Legal and Social Education Challenges in Lithuania." Pedagogika 116, no. 4 (December 22, 2014): 196–212. http://dx.doi.org/10.15823/p.2014.058.

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The aim of this article is to introduce the new concept of supported decision making model. Supported decision making model (SDM) as a tool for proper implementation of the rights of persons with disabilities is foreseen in the newest international human rights treaty – Convention on the rights of people with disabilities (CRPD). As a new concept SDM raises number of challenges both of legal, social and educational aspects how to introduce and implement this model in practice in order to safeguard rights and ensure social integration and socialization of the most vulnerable persons with psychosocial disabilities in the society. Specific objectives of the study carried out were: to review new legal requirements of art. 12 of CRPD for ensuring equality before the law for all persons with disabilities, to critically analyze Lithuanian legal guardianship system for its compliance / noncompliance to those international requirements; to review and analyze supported decision making models existing in other countries; based on the comparative analysis of the supported decision making models, to make recommendations for Lithuanian legislation, legal and social practice on possible supported decision making model.
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14

Flynn, Eilionoir, and Anna Arstein-Kerslake. "Legislating personhood: realising the right to support in exercising legal capacity." International Journal of Law in Context 10, no. 1 (January 31, 2014): 81–104. http://dx.doi.org/10.1017/s1744552313000384.

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AbstractThis paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities, and others). The United Nations Convention on the Rights of Persons with Disabilities (CRPD) challenges this notion by guaranteeing respect for the right to legal capacity for people with disabilities on an equal basis with others and in all areas of life (Article 12). The paper uses the CRPD to argue for a conception of personhood that is divorced from cognition and a corresponding recognition of legal capacity as a universal attribute that all persons possess. Finally, a support model for the exercise of legal capacity is proposed as a possible alternative to the existing models of substituted decision-making that deny legal capacity and impose outside decision-makers.
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CUENCA GÓMEZ, PATRICIA, MARÍA DEL CARMEN BARRANCO AVILÉS, MARIA LAURA SERRA, JAVIER ANSUÁTEGUI ROIG, and PABLO RODRÍGUEZ DEL POZO. "THE IMPACT OF ARTICLE 12 OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES ON QATAR´S PRIVATE LAW." Age of Human Rights Journal, no. 9 (December 5, 2017): 81. http://dx.doi.org/10.17561/tahrj.n9.4.

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Article 12 of the Convention on the Rights of Persons with Disabilities provides that persons with disabilities are entitled to full legal capacity on an equal basis with others and obliges State Parties to provide access to the support that they may require exercising this legal capacity. This paper analyzes the main implications of this Article and its impact on Qatar´s legal system, focusing on the general regulation of legal capacity and provisions in the domain of Private Law, including Family Law. We examine how Qatar´s legislation needs to be adapted to the new paradigm of the CRPD, overcoming preconceptions based on the medical model and assistencialism, which is focused on protection, and moving towards the social model and the human rights approach, aimed at promoting the autonomy of persons with disabilities. To comply with Article 12, Qatar must review the legal provisions that allow the deprivation or restriction of legal capacity on the basis of disability and that require “be[ing] of sound of mind” as a condition to perform legal acts or to exercise rights. Qatar must also take action to replace regimes of substituted decision-making with supported decision-making – extending some support mechanisms available in current legislation – and to ensure the respect of the person’s will and preferences.
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Constantino Caycho, Renato Antonio. "The Flag of Imagination: Peru's New Reform on Legal Capacity for Persons with Intellectual and Psychosocial Disabilities and the Need for New Understandings in Private Law." Age of Human Rights Journal, no. 14 (June 15, 2020): 155–80. http://dx.doi.org/10.17561/tahrj.v14.5482.

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This paper analyzes the recent reform regarding the legal capacity of persons with disabilities in Peru. It provides a domestic legal and judicial context in which the reform was adopted. Following this, the paper aims to analyze the reform’s conformity with article 12 of the Convention on the rights of persons with disabilities, noting that the current regulation is only partially CRPD compliant. The current design of judicially designated supporters can be understood as valid under specific interpretations of Article 12, while the design of safeguards does not comply with such standard. The paper addresses the impact of legal capacity reform in traditional private law theory of the juridical act. Currently, the Peruvian system does not provide clear or accurate standards to respond to this problem. The paper shines a light on the need to rethink multiple concepts of private law in order to make legal capacity reform fully operational.
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Cuenca Gómez, Patricia, Rafael de Asís Roig, María Carmen Barranco Avilés, María Laura Serra, Francisco Javier Ansuátegui Roig, Khalid Al Ali, and Pablo Rodríguez del Pozo. "El Artículo 12 de la Convención Internacional sobre los Derechos de las Personas con Discapacidad y su impacto en el derecho privado de Qatar = Article 12 of the International Convention on the Rights of Persons with disabilities and its impact on the private law of Qatar." UNIVERSITAS. Revista de Filosofía, Derecho y Política, no. 27 (December 13, 2017): 127. http://dx.doi.org/10.20318/universitas.2018.4021.

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RESUMEN: Este artículo analiza el sentido e implicaciones del Artículo 12 de la Convención Internacional sobre los Derechos de las Personas con Discapadad a la luz de la Observación General Nº1 de su Comité y se centra en determinar su impacto en el régimen general de atribución de personalidad y capacidad jurídica y en el ámbito del Derecho Privado y de Familia del Estado de Qatar. ABSTRACT: This paper analyzes the meaning and implications of Article 12 of the International Convention on the Rights of Persons with Disabilities in the light of the General Comment No. 1 of its Committee. It focuses on determining the impact of this General Comment to the general regime of personality and capacity attribution in the field of Private law and Family law on Qatar. PALABRAS CLAVE: capacidad jurídica, CDPD, derecho privado, legislación qatarí. KEYWORDS: legal capacity – CRPD – private law – Qatari legislation.
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18

Steele, Linda, Kate Swaffer, Lyn Phillipson, and Richard Fleming. "Questioning Segregation of People Living with Dementia in Australia: An International Human Rights Approach to Care Homes." Laws 8, no. 3 (August 15, 2019): 18. http://dx.doi.org/10.3390/laws8030018.

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This article explores how care homes—and, specifically, their common features such as dementia care units and locked doors and gates—impact on the human rights of people living with dementia. We suggest that congregation, separation and confinement of people living with dementia by the care home built environment constitute ‘segregation’. In the specific context of residential aged care facilities in Australia, we draw on the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) to frame this segregation as an injustice. We focus on the rights to non-discrimination (Article 5), liberty and security of the person (Article 14), equality before the law (Article 12), accessibility (Article 9), and independent living and community inclusion (Article 19). Our analysis shows that addressing segregation must involve structural and resource reforms that are transformative in bringing about new ways of living and relating to each other. Such reforms are directed towards providing meaningful alternatives and appropriate supports to make choices from a range of alternative residency and support options, and building communities that are free from ableism, ageism and other systems of oppression that contribute to confinement and segregation.
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O'Connor, Deborah. "Addressing Stigma in the Community: A Rights-Based Approach to Community-Building." Innovation in Aging 5, Supplement_1 (December 1, 2021): 358. http://dx.doi.org/10.1093/geroni/igab046.1388.

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Abstract Article 12 of the United Nations Convention of Rights of Persons with Disabilities (CRPD) affirms the rights of persons with physical and mental disabilities to be treated as equal, and deserving of state support to realize their full human potential. This focus on a ‘positive’ right to support (as opposed to the ‘negative’ right to non-interference) has established an important set of expectations around societal responses to people living with dementia(PLWD). This presentation examines the contributions of a rights-based approach to build community with and for PLWD. Data is drawn from Participatory Action Research (PAR) and bi-weekly online action groups with N=10 PLWD in urban and rural British Columbia. Two thematic targets were identified. First, it is important to bring together PLWD in ways that create a sense of solidarity and inclusion. Second, fostering community requires addressing the stigma and discrimination which often leave PLWD feeling isolated, excluded, and marginalized.
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Markovic, Milan. "Legal capacity as a universal human right and a determinant of social status of people with mental disability." Stanovnistvo 50, no. 2 (2012): 65–83. http://dx.doi.org/10.2298/stnv1202065m.

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Adoption of the UN Convention on the Right of Persons with Disabilities (2006) brought about a core shift to how the international community and human rights law see and treat human disability in general. This paradigm shift materilizes itself in a number of provisions ranging from those which catalogue the proclaimed human rights as they are in the context of special implementation and protection of people with disabilities, to those that introduce a level of specificity in light of their holders' particular needs. But the strongest presence of the shift to this regard can be found in the Article 12 CRPD that sheds new light on the concept of (legal) capacity of people with (mental) disabilites. According to this norm and put quite simply - there should be no difference in observing and treating capacity of a person with disabilities to that of any other person. This is not only the matter of prohibiting discrimination on grounds of mental impairments, but furthermore preventing the system from establishing a classification in which a person with psychosocial or intellectual impairment would be a second-rate citizen, an object of law or a victim of legal, social and family abuse, someone who is a burden to his entire environment, someone who does not have a say in any case concerning his own life and wellbeing. Legal capacity should not be a goal to be fighting for, but a universal human right. Of course and unfortunatelly, such a shift is purely a formal one, when not causing due reform within the national systems and without proper implementation in the member states. What is thought urgently needed and directly required by the given provision is removing the system features that allow deprivation of legal capacity on the bases of mental impairments and introducing a humane and human rights oriented model in which the decision making of these people would be autonomous and supported, and with only very restricted exceptions, done by them and not on their behalf. This novelty is what some authors call a clash between the systems of capacity and those of incapacity, i.e. the matter of replacing an environment where incapacity is presumed by an environment where capacity is presumed, supported and ensured to the highest attainable degree, and the question of seeing the legal capacity as the main social determinant for any individual. Therefore, the present article introduces the ongoing discussion about the values that this particular international legal norm has embodied and advocates in a way the urgency for change and reform in order to abolish the outrageously negative and detrimental practice in which people with mental impairments do not deserve to be social, economic, political or emotional beings, and are totally deprived of their right as living humans to decide in almost any aspects of the human life. As an illustration of certain negative tendencies existing in the old and current systems of incapacity, some data collected within the Serbian judicial structure has been employed.
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de Rham, Laurent, Yonas Dibike, Spyros Beltaos, Daniel Peters, Barrie Bonsal, and Terry Prowse. "A Canadian River Ice Database from the National Hydrometric Program Archives." Earth System Science Data 12, no. 3 (August 24, 2020): 1835–60. http://dx.doi.org/10.5194/essd-12-1835-2020.

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Abstract. River ice, like open-water conditions, is an integral component of the cold-climate hydrological cycle. The annual succession of river ice formation, growth, decay and clearance can include low flows and ice jams, as well as midwinter and spring break-up events. Reports and associated data of river ice occurrence are often limited to single locations or regional assessments, are season-specific, and use readily available data. Within Canada, the National Hydrometric Program (NHP) operates a network of gauging stations with water level as the primary measured variable to derive discharge. In the late 1990s, the Water Science and Technology Directorate of Environment and Climate Change Canada initiated a long-term effort to compile, archive and extract river-ice-related information from NHP hydrometric records. This data article describes the original research data set produced by this near 20-year effort: the Canadian River Ice Database (CRID). The CRID holds almost 73 000 recorded variables from a subset of 196 NHP stations throughout Canada that were in operation within the period 1894 to 2015. Over 100 000 paper and digital files were reviewed, representing 10 378 station years of active operation. The task of compiling this database involved manual extraction and input of more than 460 000 data entries on water level, discharge, ice thickness, date, time and data quality rating. Guidelines on the data extraction, rating procedure and challenges are provided. At each location, time series of up to 15 variables specific to the occurrence of freeze-up and winter-low events, midwinter break-up, ice thickness, spring break-up, and maximum open-water level were compiled. This database follows up on several earlier efforts to compile information on river ice, which are summarized herein, and expands the scope and detail for use in Canadian river ice research and applications. Following the Government of Canada Open Data initiative, this original river ice data set is available at https://doi.org/10.18164/c21e1852-ba8e-44af-bc13-48eeedfcf2f4 (de Rham et al., 2020).
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Jafarnejad, Sadegh, Virginia Boccardi, Banafshe Hosseini, Mohsen Taghizadeh, and Zahra Hamedifard. "A Meta-analysis of Randomized Control Trials: The Impact of Vitamin C Supplementation on Serum CRP and Serum hs-CRP Concentrations." Current Pharmaceutical Design 24, no. 30 (December 8, 2018): 3520–28. http://dx.doi.org/10.2174/1381612824666181017101810.

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Objective: The present meta-analysis was designed to assess the effects of vitamin C supplementation on serum C-reactive Protein (CRP) levels. Methods: We conducted a comprehensive systematic search of the literature in Scopus, PubMed and Google Scholar until May 2018. The pooled Weighted Mean Difference (WMD) and its 95% Confidence Interval (CI) in baseline and at the end of the trial were calculated to assess the net change in serum CRP by using random-effects model. The heterogeneity was assessed by I2 test. Combined and stratified analyses were used in the metaanalysis. Results: From 306 articles found and screened in our initial search, 12 studies were included with 446 participants in supplementation groups and 447 in control groups. The pooled effect size analysis showed a significant reducing effect of vitamin C supplementation on circulating CRP level (−0.23 mg/L, 95% CI, −0.44, -0.03, p=0.02), with a significant heterogeneity effect across the studies involved. Subgroup analyses showed that vitamin C supplementation significantly lowered CRP among trials. The most significant effect was found 1) on hs- CRP as the representative inflammatory marker (-0.43 mg/L, 95% CI -0.76, -0.1) 2) in subjects with a baseline CRP≥3 (-1.48 mg/L, 95% CI -2.84, -0.11) 3) in subjects under <60 years old of age (-0.23 mg/L, 95% CI -0.44,- 0.01) 4) or using intravenous administration of vitamin C (-0.89 mg/L, 95% CI -1.49,-0.3). Conclusion: The present meta-analysis shows that vitamin C supplementation reduces serum CRP level, particularly in younger subjects, with higher CRP baseline level, at a lower dosage and intravenous administration.
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23

Minkowitz, Tina. "Norms and Implementation of CRPD Article 12." SSRN Electronic Journal, 2010. http://dx.doi.org/10.2139/ssrn.2037452.

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Minkowitz, Tina. "CRPD Article 12 and the Alternative to Functional Capacity: Preliminary Thoughts Towards Transformation." SSRN Electronic Journal, 2013. http://dx.doi.org/10.2139/ssrn.2371939.

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25

Stavert, Jill. "Supported Decision-Making and Paradigm Shifts: Word Play or Real Change?" Frontiers in Psychiatry 11 (January 11, 2021). http://dx.doi.org/10.3389/fpsyt.2020.571005.

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Article 12(3) CRPD requires states parties to provide access by persons with disabilities to the support they may require in exercising their legal capacity. This is to ensure that the rights, will and preferences of persons with disabilities are enjoyed on an equal basis with others [Articles 12(1)(2) and (4) CRPD]. Moreover, the Committee on the Rights of Persons with Disabilities has made it clear that supported decision-making must replace substitute decision-making arrangements as these are discriminatory and deny equal enjoyment of the right to exercise of legal capacity for persons. At the same time, there is ongoing debate as to whether or not the absence of substitute decision-making regimes is essential for the non-discriminatory realization of an individual's rights, will and preferences to be achieved. To resolve this debate, however, specific attention needs to be paid to the CRPD message on what it actually means to give effect to the equal and non-discriminatory enjoyment of rights for all. In the context of persons with mental disabilities this requires looking beyond human rights simply in terms of limiting unwarranted interventions to the proactive removal of obstacles to full rights enjoyment and the creation of environments that respect and support such enjoyment. With this in mind this paper will therefore critically consider the use of supported decision-making within existing substitute decision-making regimes with particular reference to Scotland's mental health and capacity laws. It will consider the challenges this poses and whether it is indeed possible to adapt existing regimes to achieve CRPD compliance. In doing so, it is suggested that a full appreciation of the overarching CRPD message about equality and non-discrimination in the enjoyment of rights is required to bring about such compliance.
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26

Opgenhaffen, Tim. "The Universal Right to Legal Capacity—Clearing the Haze." Human Rights Law Review 22, no. 3 (June 7, 2022). http://dx.doi.org/10.1093/hrlr/ngac021.

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Abstract The right to legal capacity (Article 12) is the most contested realization of the UN Convention on the Rights of Persons with Disabilities (CRPD). If implemented, it would revolutionize the position of persons with psychosocial disabilities, intellectual disabilities and other cognitive conditions. Yet its implementation has been hindered by conceptual misunderstandings and a lack of distinction between the key questions in the debate. This contribution first demonstrates that advocates and opponents apply ‘substitute decision-making’ and ‘legal capacity’ differently, leading to different expectations. Second, it substantiates that once all the concepts are understood correctly, three distinct questions underpin the interpretation of Article 12 CRPD: (1) What makes a person’s will reliable? (2) What is good support? and (3) How can such a reliable will be diverged from, given other interests? Instead of giving the answers, this contribution brings consistency to the debate and proposes a pathways for a future approach to legal capacity.
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Gill, Neeraj S., and Kathryn Turner. "How the statutory health attorney provision in Mental Health Act 2016 (Qld) is incompatible with human rights." Australasian Psychiatry, November 19, 2020, 103985622096840. http://dx.doi.org/10.1177/1039856220968406.

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Objective: Mental Health Act 2016 (Qld ) (MHA 2016) includes many ‘less restrictive ways’ to minimise involuntary/compulsory treatment. One such measure, the statutory health attorney, has been adopted from the Powers of Attorney Act 1998 (Qld). This paper analyses the statutory health attorney provision against the human rights framework adopted by the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Method: The statutory health attorney provision was analysed against the CRPD article 12 (equal recognition before the law). Results: The statutory health attorney provision is not based on the will and preferences of the individual, is not free from conflict of interest and is not subject to the required safeguards. Conclusion: The use of a statutory health attorney brings mental health and physical health under the same provision (the fusion law/proposal). However, the statutory health attorney provision is not compatible with the contemporary human rights framework adopted by the CRPD.
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Combrinck, Heléne. "RATHER BAD THAN MAD? A RECONSIDERATION OF CRIMINAL INCAPACITY AND PSYCHOSOCIAL DISABILITY IN SOUTH AFRICAN LAW IN LIGHT OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES." African Disability Rights Yearbook 6 (April 19, 2021). http://dx.doi.org/10.29053/2413-7138/2018/v6a1.

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Article 12(2) of the Convention on the Rights of Persons with Disabilities requires the recognition that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. Such acknowledgment implies that state parties to the Convention, including South Africa, will have to reassess their existing legal provisions relating to legal capacity. These legal measures typically include a rule to the effect that where a person accused of a criminal offence lacks criminal capacity as a result of an intellectual or psychosocial disability, he or she cannot be held liable in criminal law (often referred to as the ‘insanity defence’). This article examines the potential influence of the recognition of universal legal capacity in the CRPD on the insanity defence, with specific emphasis on the current position in South African law. It commences with an overview of the normative content of article 12 of the CRPD as it relates to the notion of criminal capacity and also considers the interpretations of this provision as proposed by academic commentators. These interpretations may be described as, first, an abolitionist position (calling for boththe elimination of the insanity defence and the concomitant mandatory committal of the accused to forensic psychiatric institutions) and, second, an integrationist position (suggesting the development of disability-neutral rules on criminalcapacity). A third approach strongly argues in favour of retaining the insanity defence while at the same time reconsidering the institutionalisation of an accused person following an acquittal based on this defence. The present South African legislative dispensation regarding criminal capacity is subsequently examined and measured against the CRPD. The article concludes with a number of observations in view of potential law reform.
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29

O'Leary, Catherine, and Michael Feely. "Alignment of the Irish legal system and Article 13.1 of the CRPD for witnesses with communication difficulties." Disability Studies Quarterly 38, no. 1 (February 28, 2018). http://dx.doi.org/10.18061/dsq.v38i1.5587.

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Irish and international legal reform resulting from the Convention on the Rights of Persons with Disabilities [CRPD] has primarily focussed on Article 12, the right to exercise legal capacity. Article 13, which declares the right to access justice and the right to access procedural accommodations for all with disabilities, is often neglected. Specifically, research has not sufficiently explored the accommodations needed by witnesses with communication difficulties to testify in the courtroom. This study brings this aspect of Article 13 into focus by exploring the views of Irish legal professionals and disability advocates regarding existing and potential further accommodations for witnesses with communication diffiuclties in Irish criminal proceedings. By comparing and contrasting contributions, a series of conflicting perspectives between the legal profession and disability community are revealed. As successful implementation of Article 13 requires collaboration between both groups, this study concludes that these conflicts will need to be acknowledged and addressed in order for reform of courtroom accommodations to succeed.
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30

Bernardini, Maria Giulia. "Vulnerable Capacity. Notes on a Quiet Legal Revolution." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, November 5, 2022. http://dx.doi.org/10.1007/s11196-022-09950-1.

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AbstractThe vulnerability turn has contributed to the concept of vulnerability becoming an established part of the legal lexicon. By adopting a legal-philosophical perspective, this paper will explore what might be considered the most interesting theoretical outcome of the vulnerability paradigm: the concept of universal legal capacity, enshrined in Article 12 of the Convention on the Rights of Persons with Disabilities. The reasoning will focus on two main areas. First, the theoretical background of this reflection will be clarified, by investigating the main arguments of the current debate on vulnerability. Such a reflection will provide the necessary background to explore the relationship between autonomy and vulnerability. The second part of this paper specifically aims to analyse the content and legal implications of Article 12 CRPD. The exegesis of Article 12 will attempt to show that said Article is theoretically founded on the paradigm of vulnerability. Following that, a ‘reality test’ will give the opportunity to discuss some of the main positions that are present in the existing literature on the topic, with particular attention to the relationship between support and substitution. The expression vulnerable capacity has been used in order to emphasise the complex analysis required to adequately address the issue of capacity from a theoretical perspective. It will be argued that legal capacity can be considered vulnerable because it characterises a (universally) vulnerable subject.
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Holness, Willene, and Sarah Rule. "LEGAL CAPACITY OF PARTIES WITH INTELLECTUAL, PSYCHO-SOCIAL AND COMMUNICATION DISABILITIES IN TRADITIONAL COURTS IN KWAZULU-NATAL." African Disability Rights Yearbook 6 (April 19, 2021). http://dx.doi.org/10.29053/2413-7138/2018/v6a2.

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According to the Committee on the Rights of Persons with Disabilities, article 12 of the Convention on the Rights of Persons with Disabilities specifies that all people everywhere have a right to equal recognition before the law and that there are no circumstances in which this right may be limited. However, General Comment 1 of the CRPD Committee indicates that globally persons with cognitive and psychosocial disabilities are frequently denied legal capacity. This article sets out to explore the current situation and legal imperatives regarding the legal capacity of persons with intellectual, psycho-social or communication disabilities in traditional courts in KwaZulu-Natal. Traditional courts operate in some rural areas of South Africa and are presided over by a chief and a traditional council. These traditional courts are the closest and cheapest dispute resolution forum in rural areas and utilise restorative justice principles. The legal test for mental and legal capacity in formal courts is not applied in traditional courts. This article reports on research conducted by an NGO in KwaZulu-Natal that found evidence of negative attitudes and a lack of knowledge regarding accessibility and reasonable accommodation among traditional leaders. In these courts, persons with disabilities are not accepted as equal before the law. In some proceedings in traditional courts, an adult with a disability (male or female) is treated as a minor and is required to be represented by a parent or a male member of the family without a disability. A short summary of pertinent aspects of the Traditional Courts Bill indicates the scope for improvement in relation to full participation and equality before the law. We submit that South Africa’s implementation of the relevant international and regional law obligations under the CRPD and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities is found wanting, including a lack of appropriate training of traditional court personnel and a lack of awareness of the equal recognition of legal capacity among families supporting persons with disabilities.
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Arstein-Kerslake, Anna, Joanne Watson, Michelle Browning, Jonathan Martinis, and Peter Blanck. "Future Directions in Supported Decision-Making." Disability Studies Quarterly 37, no. 1 (March 7, 2017). http://dx.doi.org/10.18061/dsq.v37i1.5070.

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Supported decision-making is at the forefront of modern disability research. This is due to Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD), which creates a state obligation to provide support for the exercise of legal capacity. This turned the practice of supported decision-making into a human rights imperative. Government and funding agencies are increasingly focusing their attention on the area. Researchers are similarly increasing their interest in the field. The impending danger is that the rush of interest in the area will overshadow the original intention of supported decision-making: to ensure that people with cognitive disability are provided with the freedom and the tools to participate as equal citizens and for every individual to be free to direct their own life. This article explores the theoretical foundations of supported decision-making and the evolution of supported decision-making research. It explains the research that is emerging in leading jurisdictions, the United States and Australia, and its potential to transform disability services and laws related to decision-making. Finally, it identifies areas of concern in the direction of such research and provides recommendations for ensuring that supported decision-making remains protective of the rights, will and preferences of people with cognitive disability.
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33

Petousis, Stamatios, George Karavas, Chrysoula Margioula-Siarkou, Themistoklis Dagklis, Paraskevi Karapavlidou, Apostolos Athanasiadis, and Apostolos Mamopoulos. "Uneventful delivery of two pregnancies in a woman with severe factor XII deficiency: case report and systematic review." Case Reports in Perinatal Medicine 7, no. 1 (January 20, 2018). http://dx.doi.org/10.1515/crpm-2017-0035.

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Abstract Background Deficiency of factor XII (FXII) is widely considered to have a detrimental effect on pregnancy. Several reports underline the increased risk for antenatal complications with few published case reports of uncomplicated deliveries. The main objective of our article is to perform a systematic review to highlight pregnancies with severe deficiency of FXII that have been delivered uneventfully, along with presenting our relative case of a woman with severe deficiency of FXII. Materials and methods A systematic review was performed in the Pubmed database. Inclusion criteria were considered to be case reports and case series presenting delivery of uncomplicated pregnancies in women with severe FXII deficiency. Medical records of our patient were also reviewed in terms of signs and symptoms, laboratory and imaging examinations and neonatal outcomes. Results There were 62 abstracts derived while 44 were assessed for eligibility. There were finally three case reports of women with FXII deficiency delivering live newborns and one case series of 12 women with a final outcome of 19 deliveries. Regarding our case presentation, the woman with FXII levels <12%, after a neonatal death because of extreme prematurity (24 weeks + 4 days), was set in regular follow-up and treatment with bemiparin natriate, 3.5 mg/kg and acetylsalicylic acid, 100 mg/day. She finally managed to have her second pregnancy delivered at 38 weeks + 3 days, her third pregnancy ended up as a miscarriage and her fourth pregnancy was also delivered at 37 weeks + 4 days. Conclusion Despite the increased risk for antenatal complications, appropriate follow-up of pregnancies with severe FXII pregnancy may finally lead to an uneventful delivery.
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Medjedovic, Edin, Zijo Begic, Edin Begic, Amer Iglica, Nedim Begic, Amela Muftic, and Milan Stanojevic. "Premature fetal closure of the ductus arteriosus of unknown cause – could it be influenced by maternal consumption of large quantities of herbal chamomile tea – a case report?" Case Reports in Perinatal Medicine 10, no. 1 (January 1, 2021). http://dx.doi.org/10.1515/crpm-2021-0005.

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Abstract Objectives The aim of this article was to present a case of premature fetal closure of the ductus arteriosus (DA) of unknown cause. Case presentation A 32-year-old pregnant woman came for the regular prenatal visit at 36 + 1 weeks of gestation (WG) at which oligohydramnios and premature closure of DA were revealed. Use of non-steroidal anti-inflammatory drugs was excluded by the history, although the patient had the symptoms of common cold 2 weeks before the check-up taking more than 1,000 mL of strong chamomile tea daily till the day before the prenatal visit. The patient was hospitalized at 36 + 1 weeks of gestation due to premature closure of DA and oligohydramnios (amniotic fluid index = 4.5/3), which was the indication to deliver the baby by cesarean section at 36 + 6 WG (birth weight was 2,830 g, birth length 49 cm and head circumference 34 cm, Apgar score at 1 and 5 min were 9/9). Postnatal course was uneventful, and postnatal echocardiography at 12 h of life revealed functionally closed DA and mild dysfunction of the right ventricle, which completely resolved after 7 days. The mother and the baby were discharged home healthy, and were doing well 3 months after delivery. Conclusions Although the cause of premature closure of DA in most of the cases will remain undetected, thorough history sometimes with unexpected events should be taken under the consideration as possible causative factor for premature DA closure, as was drinking of high quantities of chamomile tea in our case.
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35

Hussain, Mazhar, Muhammad Amir Rafique, Javed Iqbal, and Lubna Akhtar. "Effect of sitagliptin and glimepiride on C-reactive protein (CRP) in overweight Type-2 diabetic patients." Pakistan Journal of Medical Sciences 35, no. 2 (March 6, 2019). http://dx.doi.org/10.12669/pjms.35.2.645.

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Objectives: To compare the anti-inflammatory effect of sitagliptin and glimepiride by measuring CRP in overweight Type-2 diabetic patients. Methods: This clinical trial was conducted at diabetic clinic of Islam Central Hospital, Sialkot over a period of six months from June to November 2017. A total of 110 overweight Type-2 diabetic patients were divided in to two groups. Group-A was given tablet sitagliptin 50mg while Group-B was given tablet glimepiride 2mg for a period of 12 weeks. The dose was titrated according to blood sugar level. The primary outcome was measuring changes in CRP while secondary outcomes was changes in BMI, blood sugar, HbA1C, lipid profile and CRP from baseline in both study group using SPSS 16. Results: After 12 weeks treatment, body weight increased in glimepiride but slightly reduced in sitagliptin, however comparison between them was non significant (p=0.07). Although both groups reduced blood sugar and HbA1c but comparison between them was non significant (p=0.59 and p=0.17 respectively) value. However lipid profile improved significantly in sitagliptin vs. glimepiride group i.e total cholesterol (-25±32.5 vs +1.5±45.4 P=0.02) triglycerides (-19±44.6 vs-1.8±48.7 P=0.001) LDL- cholesterol (-10±22.4 vs-0.8±18.7 P=0.001) HDL-cholesterol (-2.6±6.2 vs 1.2±5.2 P=0.03).Sitagliptin significantly reduced CRP in comparison to glimepiride (-2.3±1.8 vs0.8±1.5 P=0.001). Conclusion: Sitagliptin has strong anti inflammatory effect marked by reduction in CRP level in comparison to glimepiride in overweight type-2 diabetic patients. It also exerted beneficial effect on glycemic and lipid profiles. How to cite this:Hussain M, Rafique MA, Iqbal J, Akhtar L. Effect of sitagliptin and glimepiride on C-reactive protein (CRP) in overweight Type-2 diabetic patients. Pak J Med Sci. 2019;35(2):---------. doi: https://doi.org/10.12669/pjms.35.2.645 This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/3.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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Sui, Yuan-da, Wei-na Xin, and Lin-lin Feng. "Comparison of the clinical application values of PCT, hs-CRP and SAA detection in the early diagnosis of sepsis." Pakistan Journal of Medical Sciences 36, no. 7 (September 23, 2020). http://dx.doi.org/10.12669/pjms.36.7.2544.

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Objectives: To investigate the clinical application values of procalcitonin (PCT), high-sensitivity C-reactive protein (hs-CRP) and serum amyloid A (SAA) in the early diagnosis of sepsis. Methods: In this retrospective analysis, 36 patients admitted to Liaocheng People’s Hospital were selected from May 2018 to July 2019. According to infectious disease diagnostic criteria, 17 patients were confirmed to have sepsis (observation group), and 19 patients were determined to be nonseptic (control group). The levels of PCT, CRP and SAA of patients were detected on admission, and the clinical application values of PCT, CRP and SAA for sepsis were compared. Results: Seventeen patients were included in the observation group, including 9 males and 8 females, with an average age of 52.18 ± 9.49 years; 19 patients were included in the control group, including 12 males and 7 females, with an average age of 51.53 ± 8.50 years. On admission, there were significant differences in white blood cell (WBC) count (t = 5.134), neutrophil count (t = 3.143), lymphocyte count (t = 2.510), PCT (t = 9.250), hs-CRP (t = 2.947) and SAA (t = 11.360) between the observation group and the control group, and the differences were statistically significant. For the comparison of clinical application values: the sensitivity of PCT, hs-CRP and SAA was 78.95%, 52.17% and 50.00%, respectively; the specificity of PCT, hs-CRP and SAA was 88.24%, 61.54% and 37.50%, respectively; the area under the ROC curve (AUC) of PCT, hs-CRP and SAA was 0.920, 0.684 and 0.870, respectively; the logistic regression coefficient of PCT, hs-CRP and SAA was -0.577, -0.028 and -0.009, respectively; and the 95% confidence interval (CI) of PCT, hs-CRP and SAA was 0.779-0.985, 0.508-0.828 and 0.716-0.958, respectively. Conclusion: Compared with hs-CRP and SAA, PCT had a higher clinical application value for sepsis, and PCT could be used as a reliable index for the early diagnosis of sepsis. doi: https://doi.org/10.12669/pjms.36.7.2544 How to cite this:Sui Y, Xin W, Feng L. Comparison of the clinical application values of PCT, hs-CRP and SAA detection in the early diagnosis of sepsis. Pak J Med Sci. 2020;36(7):---------. doi: https://doi.org/10.12669/pjms.36.7.2544 This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/3.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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Aung Thin, Michelle Diane. "From Secret Fashion Shoots to the #100projectors." M/C Journal 25, no. 4 (October 5, 2022). http://dx.doi.org/10.5204/mcj.2929.

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Fig 1: Image from a secret Rangoon fashion shoot. Photograph: Myanmar Photo Archive / Lukas Birk. Introduction NOTE: Rangoon, Burma has been known as Yangon, Myanmar, since 2006. I use Rangoon and Burma for the period prior to 2006 and Yangon and Myanmar for the period thereafter. In addition, I have removed the name of any activist currently in Myanmar due to the recent policy of executing political prisoners. On 1 February 2021, Myanmar was again plunged into political turmoil when the military illegally overthrew the country’s democratically elected government. This is the third time Myanmar, formally known as Burma, has been subject to a coup d’état; violent seizures of power took place in 1962 and in 1988-90. While those two earlier military governments met with opposition spearheaded by students and student organisations, in 2021 the military faced organised resistance through a mass Civil Disobedience Movement (CDM) initiated by government healthcare workers who refused to come to work. They were joined by private sector “strikes” and, perhaps most visible of all to western viewers, mass street demonstrations “led” by “Gen Z” activists—young people who had come of age during Myanmar’s brief decade of democracy. There is little doubt that the success of the CDM and associated protests is due to the widespread coverage and reach of social media as well as the creative communications skills of the country’s first “generation of digital natives”, who are sufficiently familiar and comfortable with social platforms to “participate and shape their identities in communication and dialogue with global digital media content” (Jordt et al. 12 ). The leveraging of global culture, including the use of English in protest signs, was notable in garnering international media coverage and so keeping Myanmar’s political plight front-of-mind with governments around the world. Yet this is not the whole story behind the effectiveness of these campaigns. As Lisa Brooten argues, contemporary networks are built on “decades of behind-the-scenes activism to build a multi-ethnic civil society” (East Asia Forum). The leading democracy activist, Min Ko Naing, aligned “veteran activists from previous generations with novice Gen Z activists”, declaring “this revolution represents a combination of Generations X, Y and Z in fighting against the military dictatorship’” (Jordt et al. 18). Similarly, the creative strategies used by 2021’s digital campaigners also build on protests by earlier generations of young, creative people. This paper looks at two creative protest across the generations. The first is “secret” fashion photography of the late 1970s collected in Lukas Birk’s Yangon Fashion 1979 – Fashion=Resistance. The second is the contemporary #100projectors campaign, a “projection project for Myanmar democracy movement against the military dictatorship” (in the interest of full disclosure, I took part in the #100projectors project). Drawing from the contemporary advertising principle of “segmentation”, the communications practice where potential consumers are divided into “subgroups … based on specific characteristics and needs” (WARC 1), as well as contemporary thinking on the “aesthetics” of “cosmopolitanism”, (Papastergiadis, Featherstone, and Christensen), I argue that contemporary creative strategies can be traced back to the creative tactics of resistance employed by earlier generations of protesters and their re-imagining of “national space and its politics” (Christensen 556) in the interstices of cosmopolitan Rangoon, Burma, and Yangon, Myanmar. #100projectors Myanmar experienced two distinct periods of military rule, the Socialist era between 1962 and 1988 under General Ne Win and the era under the State Law and Order Restoration Council – State Peace and Development Council between 1988 and 2011. These were followed by a semi-civilian era from 2011 to 2021 (Carlson 117). The coup in 2021 marks a return to extreme forms of control, censorship, and surveillance. Ne Win’s era of military rule saw a push for Burmanisation enforced through “significant cultural restrictions”, ostensibly to protect national culture and unity, but more likely to “limit opportunities for internal dissent” (Carlson 117). Cultural restrictions applied to art, literature, film, television, as well as dress. Despite these prohibitions, in the 1970s Rangoon's young people smuggled in illegal western fashion magazines, such as Cosmopolitan and Vogue, and commissioned local tailors to make up the clothes they saw there. Bell-bottoms, mini-skirts, western-style suits were worn in “secret” fashion shoots, with the models posing for portraits at Rangoon photographic studios such as the Sino-Burmese owned Har Si Yone in Chinatown. Some of the wealthier fashionistas even came for weekly shoots. Demand was so high, a second branch devoted to these photographic sessions was opened with its own stock of costumes and accessories. Copies of these head to toe fashion portraits, printed on 12 x 4 cm paper, were shared with friends and family; keeping portrait albums was a popular practice in Burma and had been since the 1920s and 30s (Birk, Burmese Photographers 113). The photos that survive this era are collected in Lukas Birk’s Yangon Fashion 1979 – Fashion=Resistance. #100projectors was launched in February 2021 by a group of young visual and video artists with the aim of resisting the coup and demanding the return of democracy. Initially a small group of projectionists or “projector fighters”, as the title suggests they plan to amplify their voices by growing their national and international network to 100. #100projectors is one of many campaigns, movements, and fundraisers devised by artists and creatives to protest the coup and advocate for revolution in Myanmar. Other notable examples, all run by Gen Z activists, include the Easter Egg, Watermelon, Flash, and Marching Shoes strikes. The Marching Shoe Strike, which featured images of flowers in shoes, representing those who had died in protests, achieved a reach of 65.2 million in country with 1.4 million interactions across digital channels (VERO, 64) and all of these campaigns were covered by the international press, including The Guardian, Reuters, The Straits Times, and VOA East Asia Pacific Session, as well as arts magazines around the world (for example Hyperallergic, published in Brooklyn). #100projectors material has been projected in Finland, Scotland, and Australia. The campaign was written about in various art magazines and their Video #7 was screened at the Bangkok Art and Culture Centre in February 2022 as part of Defiant Art: A Year of Resistance to the Myanmar Coup. At first glance, these two examples seem distant in both their aims and achievements. Fashion photos, taken in secret and shared privately, could be more accurately described as a grassroots social practice rather than a political movement. While Birk describes the act of taking these images as “a rebellion” and “an escape” in a political climate when “a pair of flowers and a pair of sunglasses might just start a revolution”, the fashionistas’ photographs seem “ephemeral” at best, or what Mina Roces describes as the subtlest form of resistance or ‘weapons of the weak’ (Scott in Roces 7). By contrast, #100projectors has all the hallmarks of a polished communications campaign. They have a logo and slogans: “We fight for light” and “The revolution must win”. There is a media plan, which includes the use of digital channels, encrypted messaging, live broadcasts, as well as in-situ projections. Finally, there is a carefully “targeted” audience of potential projectionists. It is this process of defining a target audience, based on segmentation, that is particularly astute and sophisticated. Traditionally, segmentation defined audiences based on demographics, geodemographics, and self-identification. However, in the online era segments are more likely to be based on behaviour and activities revealed in search data as well as shares, depending on preferences for privacy and permission. Put another way, as a digital subject, “you are what you choose to share” (WARC 1). The audience for #100projectors includes artists and creative people around the world who choose to share political video art. They are connected through digital platforms including Facebook as well as encrypted messaging. Yet this contemporary description of digital subjectivity, “you are what you choose to share”, also neatly describes the Yangon fashionistas and the ways in which they resist the political status quo. Photographic portraits have always been popular in Burma and so this collection does not look especially radical. Initially, the portraits seem to speak only about status, taste, and modernity. Several subjects within the collection are shown in national or ethnic dress, in keeping with the governments edict that Burma consisted of 135 ethnicities and 8 official races. In addition, there is a portrait of a soldier in full uniform. But the majority of the images are of men and women in “modern” western gear typical of the 1970s. With their wide smiles and careful poses, these men and women look like they’re performing sophisticated worldliness as well as showing off their wealth. They are cosmopolitan adepts taking part in international culture. Status is implicit in the accessories, from sunglasses to jewellery. One portrait is shot at mid-range so that it clearly features a landline phone. In 1970s Burma, this was an object out of reach for most. Landlines were both prohibitively expensive and reserved for the true elites. To make a phone call, most people had to line up at special market stalls. To be photographed with a phone, in western clothes (to be photographed at all), seems more about aspiration than anarchy. In the context of Ne Win’s Burma, however, the portraits clearly capture a form of political agency. Burma had strict edicts for dress and comportment: kissing in public was banned and Burmese citizens were obliged to wear Burmese dress, with western styles considered degenerate. Long hair, despite being what Burmese men traditionally wore prior to colonisation, was also deemed too western and consequently “outlawed” (Edwards 133). Dress was not only proscribed but hierarchised and heavily gendered; only military men had “the right to wear trousers” (Edwards 133). Public disrespect of the all-powerful, paranoid, and vindictive military (known as “sit tat” for military or army versus “Tatmadaw” for the good Myanmar army) was dangerous bordering on the suicidal. Consequently, wearing shoulder-length hair, wide bell bottoms, western-style suits, and “risqué” mini-skirts could all be considered acts of at least daring and definitely defiance. Not only are these photographs a challenge to gender constructions in a country ruled by a hyper-masculine army, but these images also question the nature of what it meant to be Burmese at a time when Burmeseness itself was rigidly codified. Recording such acts on film and then sharing the images entailed further risk. Thus, these models are, as Mina Roces puts it, “express[ing] their agency through sartorial change” (Roces 5). Fig. 2: Image from a secret Rangoon fashion shoot – illicit dress and hair. Photograph: Myanmar Photo Archive / Lukas Birk. Fig. 3: Image from a secret Rangoon fashion shoot. Photograph: Myanmar Photo Archive / Lukas Birk. Roces also notes the “challenge” of making protest visible in spaces “severely limited” under authoritarian regimes (Roces 10). Burma under the Socialist government was a particularly difficult place in which to mount any form of resistance. Consequences included imprisonment or even execution, as in the case of the student leader Tin Maung Oo. Ma Thida, a writer and human rights advocate herself jailed for her work, explains the use of creative tools such as metaphor in a famous story about a crab by the writer and journalist Hanthawaddy U Win Tin: The crab, being hard-shelled, was well protected and could not be harmed. However, the mosquito, despite being a far smaller animal, could bite the eyes of the crab, leading to the crab’s eventual death. ... Readers drew the conclusion that the socialist government of Ne Win was the crab that could be destabilized if a weakness could be found. (Thida 317) If the metaphor of a crab defeated by a mosquito held political meaning, then being photographed in prohibited fashions was a more overt way of making defiance and resistant “visible”. While that visibility seems ephemeral, the fashionistas also found a way not only to be seen by the camera in their rebellious clothing, but also by a “public” or audience of those with whom they shared their images. The act of exchanging portraits, what Birk describes as “old-school Instagram”, anticipates not only the shared selfie, but also the basis of successful contemporary social campaigns, which relied in part on networks sharing posts to amplify their message (Birk, Yangon Fashion 17). What the fashionistas also demonstrate is that an act of rebellion can also be a means of testing the limits of conformity, of the need for beauty, of the human desire to look beautiful. Acts of rebellion are also acts of celebration and so, solidarity. Fig. 4: Image from a secret Rangoon fashion shoot – illicit dress length. Photograph: Myanmar Photo Archive / Lukas Birk. Fig. 5: Image from a secret Rangoon fashion shoot – illicit trousers. Photograph: Myanmar Photo Archive / Lukas Birk. As the art critic and cultural theorist Nikos Papastergiadis writes, “the cosmopolitan imagination in contemporary art could be defined as an aesthetic of openness that engenders a global sense of inter-connectedness” (207). Inter-connectedness and its possibilities and limits shape the aesthetic imaginary of both the secret fashion shoots of 1970s Rangoon and the artists and videographers of 2021. In the videos of the #100projectors project and the fashion portraits of stylish Rangoonites, interconnection comes as a form of aesthetic blending, a conversation that transcends the border. The sitter posing in illicit western clothes in a photo studio in the heart of Rangoon, then Burma’s capital and seat of power, cannot help but point out that borders are permeable, and that national identity is temporally-based, transitory, and full of slippages. In this spot, 40-odd years earlier, Burmese nationalists used dress as a means of publicly supporting the nationalist cause (Edwards, Roces). Like the portraits, the #100projector videos blend global and local perspectives on Myanmar. Combining paintings, drawings, graphics, performance art recordings, as well as photography, the work shares the ‘instagrammable’ quality of the Easter Egg, Watermelon, and Marching Shoes strikes with their bright colours and focus on people—or the conspicuous lack of people and the example of the Silent Strike. Graphics are in Burmese as well as English. Video #6 was linked to International Women’s Day. Other graphics reference American artists such as Shepherd Fairey and his Hope poster, which was adapted to feature Aung San Suu Kyi’s face during then-President Obama’s visit in 2012. The videos also include direct messages related to political entities such as Video #3, which voiced support for the Committee Representing Pyidaungsu Hlutaw (CRPH), a group of 15 elected MPs who represented the ideals of Gen Z youth (Jordt et al., viii). This would not necessarily be understood by an international viewer. Also of note is the prevalence of the colour red, associated with Aung San Suu Kyi’s NLD. Red is one of the three “political” colours formerly banned from paintings under SLORC. The other two were white, associated with the flowers Aung Sang Suu Kyi wore in her hair, and black, symbolic of negative feelings towards the regime (Carlson, 145). The Burmese master Aung Myint chose to paint exclusively in the banned colours as an ongoing act of defiance, and these videos reflect that history. The videos and portraits may propose that culturally, the world is interconnected. But implicit in this position is also the failure of “interconnectedness”. The question that arises with every viewing of a video or Instagram post or Facebook plea or groovy portrait is: what can these protesters, despite the risks they are prepared to take, realistically expect from the rest of the world in terms of help to remove the unwanted military government? Interconnected or not, political misfortune is the most effective form of national border. Perhaps the most powerful imaginative association with both the #100projectors video projections and fashionistas portraits is the promise of transformation, in particular the transformations possible in a city like Rangoon / Yangon. In his discussion of the cosmopolitan space of the city, Christensen notes that although “digital transformations touch vast swathes of political, economic and everyday life”, it is the city that retains supreme significance as a space not easily reducible to an entity beneath the national, regional, or global (556). The city is dynamic, “governed by the structural forces of politics and economy as well as moralities and solidarities of both conservative and liberal sorts”, where “othered voices and imaginaries find presence” in a mix that leads to “contestations” (556). Both the fashionistas and the video artists of the #100projectors use their creative work to contest the ‘national’ space from the interstices of the city. In the studio these transformations of the bodies of Burmese subjects into international “citizens of the world” contest Ne Win’s Burma and reimagine the idea of nation. They take place in the Chinatown, a relic of the old, colonial Rangoon, a plural city and one of the world’s largest migrant ports, where "mobility, foreignness and cross-cultural hybridity" were essential to its make-up (Aung Thin 778). In their instructions on how to project their ideas as a form of public art to gain audience, the #100projectors artists suggest projectors get “full on creative with other ways: projecting on people, outdoor cinema, gallery projection” (#100projectors). It is this idea projection as an overlay, a doubling of the everyday that evokes the possibility of transformation. The #100projector videos screen on Rangoon bridges, reconfiguring the city, albeit temporarily. Meanwhile, Rangoon is doubled onto other cities, towns, villages, communities, projected onto screens but also walls, fences, the sides of buildings in Finland, Scotland, Australia, and elsewhere. Conclusion In this article I have compared the recent #100projectors creative campaign of resistance against the 2021 coup d’état in Myanmar with the “fashionistas” of 1970 and their “secret” photo shoots. While the #100projectors is a contemporary digital campaign, some of the creative tactics employed, such as dissemination and identifying audiences, can be traced back to the practices of Rangoon’s fashionistas of the 1970s. ­­Creative resistance begins with an act of imagination. The creative strategies of resistance examined here share certain imaginative qualities of connection, a privileging of the ‘cosmopolitan’ and ‘interconnectedness’ as well as the transformativity of actual space, with the streets of Rangoon, itself a cosmopolitan city. References @100projectors Instagram account. <https://www.instagram.com/100projectors/>. @Artphy_1 Instagram account. <https://www.instagram.com/artphy_1/>. 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Christensen, Miyase. “Postnormative Cosmopolitanism: Voice, Space and Politics.” The International Communication Gazette 79.6–7 (2017): 555–563. Edwards, Penny. “Dressed in a Little Brief Authority: Clothing the Body Politic in Burma.” In Mina Roces & Louise Edwards (eds), The Politics of Dress in Asia and the Americas. Brighton: Sussex Academic Press, 121–138. France24. “‘Longyi Revolution’: Why Myanmar Protesters Are Using Women’s Clothes as Protection.” 10 Mar. 2021. <https://youtu.be/ebh1A0xOkDw>. Ferguson, Jane. “Who’s Counting? Ethnicity, Belonging, and the National Census in Burma/Myanmar.” Bijdragen tot de Taal-, Land- en Volkenkunde 171 (2015): 1–28. Htun Khaing. “Salai Tin Maung Oo, Defiant at the End.” Frontier, 24 July 2017. 1 Aug. 2022 <https://www.frontiermyanmar.net/en/salai-tin-maung-oo-defiant-to-the-end>. 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Papastergiadias, Nikos. “Aesthetic Cosmopolitanism.” In Routledge International Handbook of Cosmopolitanism Studies. Ed. Gerard Delanty. London: Routledge, 2018. 198-210. Roces, Mina. “Dress as Symbolic Resistance in Asia.” International Quarterly for Asian Studies 53.1 (2022): 5-14. Smith, Emiline. “In Myanmar, Protests Harness Creativity and Humor.” Hyperallergic, 12 Apr. 2021. 29 July 2022 <https://hyperallergic.com/637088/myanmar-protests-harness-creativity-and-humor/>. Thin Zar (@Thinzar_313). “Easter Egg Strike.” Instagram. <https://www.instagram.com/p/CNPfvtAMSom/>. VERO. “Myanmar Communication Landscape”. 10 Feb. 2021. <https://vero-asean.com/a-briefing-about-the-current-situation-in-myanmar-for-our-clients-partners-and-friends/>. World Advertising Research Centre (WARC). “What We Know about Segmentation.” WARC Best Practice, May 2021. <https://www-warc-com.ezproxy.lib.rmit.edu.au/content/article/bestprac/what-we-know-about-segmentation/110142>.
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