Compulsory mental health interventions and the CRPD : minding equality /
Nilsson, Anna, 1977-
Compulsory mental health interventions and the CRPD : minding equality / Anna Nilsson. - First edition. - 1 online resource (200 pages). - Hart studies in law and health . - Hart studies in law and health .
Includes bibliographical references and index.
The Convention's approach to mental health care -- Putting mental health laws to the test -- Proportionality reasoning -- Proportionality and non-discrimination.
Abstract freely available; full-text restricted to individual document purchasers.
"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"--
Mode of access: World Wide Web.
9781509931606
10.5040/9781509931606 doi
Convention on the Rights of Persons with Disabilities and Optional Protocol (2007 March 30)
Mental health laws.
Mental health services.
Mentally ill--Care.
Medical & healthcare law
Electronic books.
K3608 / .N55 2021eb
344.04/4
Compulsory mental health interventions and the CRPD : minding equality / Anna Nilsson. - First edition. - 1 online resource (200 pages). - Hart studies in law and health . - Hart studies in law and health .
Includes bibliographical references and index.
The Convention's approach to mental health care -- Putting mental health laws to the test -- Proportionality reasoning -- Proportionality and non-discrimination.
Abstract freely available; full-text restricted to individual document purchasers.
"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"--
Mode of access: World Wide Web.
9781509931606
10.5040/9781509931606 doi
Convention on the Rights of Persons with Disabilities and Optional Protocol (2007 March 30)
Mental health laws.
Mental health services.
Mentally ill--Care.
Medical & healthcare law
Electronic books.
K3608 / .N55 2021eb
344.04/4
