Objective and Reasonable? Scrutinising Compulsory Mental Health Interventions from a Non-discrimination Perspective
(2014) In Human Rights Law Review 14(3). p.459-485- Abstract
- Is there a right to reject mental health care, or may such care be imposed against your will? Human rights law, developed prior to the Convention on the Rights of Persons with Disabilities (CRPD), answered this question with clear authorizations of compulsory interventions under certain circumstances: in essence, when the person has a psychosocial diagnosis, is perceived as in need of medical treatment, is unwilling to accept treatment, and/or is at risk of self-harm or harm to others. Taken at face value, the CRPD is radically different. The treaty text neither authorizes nor prohibits compulsory interventions. Instead references to equal treatment set the standard for what is lawful. This article explores the normative content of this... (More)
- Is there a right to reject mental health care, or may such care be imposed against your will? Human rights law, developed prior to the Convention on the Rights of Persons with Disabilities (CRPD), answered this question with clear authorizations of compulsory interventions under certain circumstances: in essence, when the person has a psychosocial diagnosis, is perceived as in need of medical treatment, is unwilling to accept treatment, and/or is at risk of self-harm or harm to others. Taken at face value, the CRPD is radically different. The treaty text neither authorizes nor prohibits compulsory interventions. Instead references to equal treatment set the standard for what is lawful. This article explores the normative content of this standard, and argues that compulsory interventions need to be relevant, necessary and proportionate. It assesses States Parties’ mental health laws against these criteria, and discusses key challenges for them to comply with the CRPD.
(Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/c89d1f97-c6cb-404e-b723-33f737bae636
- author
- Nilsson, Anna LU
- organization
- publishing date
- 2014
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Human Rights Law, disability, Mental health, Discrimination, Convention on the Rights of Persons with Disabilities, mänskliga rättigheter, diskriminering
- in
- Human Rights Law Review
- volume
- 14
- issue
- 3
- pages
- 459 - 485
- publisher
- Oxford University Press
- external identifiers
-
- scopus:84906852360
- ISSN
- 1461-7781
- DOI
- 10.1093/hrlr/ngu022
- language
- English
- LU publication?
- yes
- id
- c89d1f97-c6cb-404e-b723-33f737bae636
- alternative location
- https://academic.oup.com/hrlr/article/14/3/459/644294
- date added to LUP
- 2016-11-17 10:38:59
- date last changed
- 2023-06-15 11:01:03
@article{c89d1f97-c6cb-404e-b723-33f737bae636, abstract = {{Is there a right to reject mental health care, or may such care be imposed against your will? Human rights law, developed prior to the Convention on the Rights of Persons with Disabilities (CRPD), answered this question with clear authorizations of compulsory interventions under certain circumstances: in essence, when the person has a psychosocial diagnosis, is perceived as in need of medical treatment, is unwilling to accept treatment, and/or is at risk of self-harm or harm to others. Taken at face value, the CRPD is radically different. The treaty text neither authorizes nor prohibits compulsory interventions. Instead references to equal treatment set the standard for what is lawful. This article explores the normative content of this standard, and argues that compulsory interventions need to be relevant, necessary and proportionate. It assesses States Parties’ mental health laws against these criteria, and discusses key challenges for them to comply with the CRPD. <br/>}}, author = {{Nilsson, Anna}}, issn = {{1461-7781}}, keywords = {{Human Rights Law; disability; Mental health; Discrimination; Convention on the Rights of Persons with Disabilities; mänskliga rättigheter; diskriminering}}, language = {{eng}}, number = {{3}}, pages = {{459--485}}, publisher = {{Oxford University Press}}, series = {{Human Rights Law Review}}, title = {{Objective and Reasonable? Scrutinising Compulsory Mental Health Interventions from a Non-discrimination Perspective}}, url = {{http://dx.doi.org/10.1093/hrlr/ngu022}}, doi = {{10.1093/hrlr/ngu022}}, volume = {{14}}, year = {{2014}}, }