A New Era for Mental Health Law and Policy: Supportive-Decision Making and the UN Convention on the Rights of Persons with Disabilities

Mental Health Law

A New Era for Mental Health Law and Policy: Supportive-Decision Making and the UN Convention on the Rights of Persons with Disabilities

By Piers Gooding
Cambridge University Press October 2017

Specifications

ISBN-13
9781107140745
Publisher
Cambridge University Press
Publication
October 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy.

In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear.

In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the 'will, preference and rights' of persons with disabilities 'on an equal basis with others'.

This book explores the implications of the CRPD for law, policy and practice that responds to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds potential to address persistent shortcomings in mental health law and policy.

Table of Contents

Introduction
Part I. – What do Human Rights Mean for Mental Health law?:
1. Mental Health Law: Purpose and Procedures
2. Mental Health, Law and the United Nations Convention on the Rights of Persons with Disabilities: New Tools or New Paradigm?
3. Major Criticisms of Mental Health Law
Part II. – The CRPD-Support Framework and Mental Health: New Tools or New Paradigm?:
4. The CRPD-support Framework
5. APPLYING THE Crpd-SUPPORT FRAMEWORK IN LAW
6. PRACTICAL EXAMPLES oF THE CRPD-SUPPORT APPROACH IN THE MENTAL HEALTH CONTEXT
7. Navigating the 'flashing Amber Lights' of the CRPD-support Framework: Addressing Major Concerns
Conclusion.
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