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Minding Equality: Compulsory Mental Health Interventions and the CRPD : Compulsory Mental Health Interventions and the CRPD

Nilsson, Anna LU (2017)
Abstract (Swedish)
This study delineates the permissible scope for compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). It was initially triggered by two competing positions within the current debate over the future of coercive psychiatry; a practice that is still omnipresent among states worldwide. According to one position, defended by the CRPD Committee among others, compulsory mental health care eo ipso violates the prohibition of discrimination. According to the competing position, supported by the vast majority of the States Parties, resort to compulsion is sometimes necessary to protect the health and life of the person concerned, and to prevent violence against others.
This thesis explores... (More)
This study delineates the permissible scope for compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). It was initially triggered by two competing positions within the current debate over the future of coercive psychiatry; a practice that is still omnipresent among states worldwide. According to one position, defended by the CRPD Committee among others, compulsory mental health care eo ipso violates the prohibition of discrimination. According to the competing position, supported by the vast majority of the States Parties, resort to compulsion is sometimes necessary to protect the health and life of the person concerned, and to prevent violence against others.
This thesis explores the impact of the prohibition of disability-based discrimination on the lawfulness of compulsory mental health care, and argues that the line between the lawful and the unlawful can be identified via proportionality reasoning. Drawing on the works of Robert Alexy, I develop a framework for proportionality assessments within the non-discrimination context. My framework can assist States Parties to evaluate their mental health laws, and it provides useful input on how such laws may be adjusted to better comply with the Convention. In addition, this study engages with questions concerning what it is that makes state practices falling within the definition of discrimination so bad, and thereby contributes to the vibrant debate over the normative foundation of discrimination law.
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Abstract
This study delineates the permissible scope for compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). It was initially triggered by two competing positions within the current debate over the future of coercive psychiatry; a practice that is still omnipresent among states worldwide. According to one position, defended by the CRPD Committee among others, compulsory mental health care eo ipso violates the prohibition of discrimination. According to the competing position, supported by the vast majority of the States Parties, resort to compulsion is sometimes necessary to protect the health and life of the person concerned, and to prevent violence against others.
This thesis explores... (More)
This study delineates the permissible scope for compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). It was initially triggered by two competing positions within the current debate over the future of coercive psychiatry; a practice that is still omnipresent among states worldwide. According to one position, defended by the CRPD Committee among others, compulsory mental health care eo ipso violates the prohibition of discrimination. According to the competing position, supported by the vast majority of the States Parties, resort to compulsion is sometimes necessary to protect the health and life of the person concerned, and to prevent violence against others.
This thesis explores the impact of the prohibition of disability-based discrimination on the lawfulness of compulsory mental health care, and argues that the line between the lawful and the unlawful can be identified via proportionality reasoning. Drawing on the works of Robert Alexy, I develop a framework for proportionality assessments within the non-discrimination context. My framework can assist States Parties to evaluate their mental health laws, and it provides useful input on how such laws may be adjusted to better comply with the Convention. In addition, this study engages with questions concerning what it is that makes state practices falling within the definition of discrimination so bad, and thereby contributes to the vibrant debate over the normative foundation of discrimination law.
(Less)
Please use this url to cite or link to this publication:
author
supervisor
opponent
  • Professor Peter Bartlett, University of Nottingham
organization
publishing date
type
Thesis
publication status
published
subject
keywords
Convention on the Rights of Persons with Disabilities, CRPD, mental health law, compulsory psychiatric care, discrimination, equal treatment, proportionality, Robert Alexy, public international law, human rights, Convention on the Rights of Persons with Disabilities, CRPD, diskriminering, likabehandling, Robert Alexy, proportionalitet, folkrätt, mänskliga rättigheter
pages
230 pages
publisher
Lund University (Media-Tryck)
defense location
Pufendorfsalen, Juridiska institutionen, Lilla Gråbrödersgatan 3C, Lund
defense date
2017-06-09 10:15
ISBN
978-7753-999-5
978-91-7753-998-8
language
English
LU publication?
yes
id
26a3bf5a-a8fe-41f7-af32-3d1591bdab77
date added to LUP
2017-05-17 11:50:18
date last changed
2017-05-22 08:49:21
@phdthesis{26a3bf5a-a8fe-41f7-af32-3d1591bdab77,
  abstract     = {This study delineates the permissible scope for compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). It was initially triggered by two competing positions within the current debate over the future of coercive psychiatry; a practice that is still omnipresent among states worldwide. According to one position, defended by the CRPD Committee among others, compulsory mental health care eo ipso violates the prohibition of discrimination. According to the competing position, supported by the vast majority of the States Parties, resort to compulsion is sometimes necessary to protect the health and life of the person concerned, and to prevent violence against others.<br/>This thesis explores the impact of the prohibition of disability-based discrimination on the lawfulness of compulsory mental health care, and argues that the line between the lawful and the unlawful can be identified via proportionality reasoning. Drawing on the works of Robert Alexy, I develop a framework for proportionality assessments within the non-discrimination context. My framework can assist States Parties to evaluate their mental health laws, and it provides useful input on how such laws may be adjusted to better comply with the Convention. In addition, this study engages with questions concerning what it is that makes state practices falling within the definition of discrimination so bad, and thereby contributes to the vibrant debate over the normative foundation of discrimination law.<br/>},
  author       = {Nilsson, Anna},
  isbn         = {978-7753-999-5},
  keyword      = {Convention on the Rights of Persons with Disabilities,CRPD,mental health law,compulsory psychiatric care,discrimination,equal treatment,proportionality,Robert Alexy,public international law,human rights,Convention on the Rights of Persons with Disabilities,CRPD,diskriminering,likabehandling,Robert Alexy,proportionalitet,folkrätt,mänskliga rättigheter},
  language     = {eng},
  pages        = {230},
  publisher    = {Lund University (Media-Tryck)},
  school       = {Lund University},
  title        = {Minding Equality: Compulsory Mental Health Interventions and the CRPD : Compulsory Mental Health Interventions and the CRPD},
  year         = {2017},
}