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Objective and Reasonable? Scrutinising Compulsory Mental Health Interventions from a Non-discrimination Perspective

Nilsson, Anna LU (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.
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author
organization
publishing date
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
external identifiers
  • scopus:84906852360
ISSN
1461-7781
language
English
LU publication?
yes
id
c89d1f97-c6cb-404e-b723-33f737bae636
date added to LUP
2016-11-17 10:38:59
date last changed
2017-06-18 05:00:09
@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},
  keyword      = {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},
  series       = {Human Rights Law Review},
  title        = {Objective and Reasonable? Scrutinising Compulsory Mental Health Interventions from a Non-discrimination Perspective},
  volume       = {14},
  year         = {2014},
}