A New Era for Mental Health Law and Policy

Supported Decision-Making and the UN Convention on the Rights of Persons with Disabilities

Nonfiction, Reference & Language, Law, Health & Well Being, Medical, Social & Cultural Studies, Political Science
Cover of the book A New Era for Mental Health Law and Policy by Piers Gooding, Cambridge University Press
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Author: Piers Gooding ISBN: 9781108506472
Publisher: Cambridge University Press Publication: October 13, 2017
Imprint: Cambridge University Press Language: English
Author: Piers Gooding
ISBN: 9781108506472
Publisher: Cambridge University Press
Publication: October 13, 2017
Imprint: Cambridge University Press
Language: English

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.

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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.

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