Compulsory mental health interventions and the CRPD : minding equality / Anna Nilsson.

Format:

Book

Author/Creator:

Nilsson, Anna, 1977- author.

Series:

Hart studies in law and health

Language:

English

Subjects (All):

Convention on the Rights of Persons with Disabilities and Optional Protocol (2007 March 30).

Convention on the Rights of Persons with Disabilities and Optional Protocol.

Mental health laws.

Mental health services.

Mentally ill--Care.

Mentally ill.

Physical Description:

1 online resource (199 pages).

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2020

Place of Publication:

Oxford, UK ; Hart Publishing, an imprint of Bloomsbury Publishing, 2020.

System Details:

Mode of access: World Wide Web.

Summary:

"This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes to make them better comply with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era"-- Provided by publisher.

Contents:

The Convention's approach to mental health care

Putting mental health laws to the test

Proportionality reasoning

Proportionality and non-discrimination.

Notes:

Includes bibliographical references and index.

ISBN:

9781509931590

1509931597

9781509931583

1509931589

OCLC:

1238133350