Compulsory mental health interventions and the CRPD : minding equality / Anna Nilsson.
2020
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Details
Author
Title
Compulsory mental health interventions and the CRPD : minding equality / Anna Nilsson.
Edition
First edition.
Imprint
Oxford, UK ; Hart Publishing, an imprint of Bloomsbury Publishing, 2020.
Distributed
[London, England] : Bloomsbury Publishing, 2020.
Description
1 online resource (200 pages).
Series
Hart studies in law and health.
Formatted Contents Note
The Convention's approach to mental health care
Putting mental health laws to the test
Proportionality reasoning
Proportionality and non-discrimination.
Putting mental health laws to the test
Proportionality reasoning
Proportionality and non-discrimination.
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Available Note
Also published in print.
System Details Note
Mode of access: World Wide Web.
Location
www
Available in Other Form
Print version:
Access Note
Abstract freely available; full-text restricted to individual document purchasers.
Linked Resources
Alternate Title
Bloomsbury Collections
Language
English
ISBN
9781509931606 (ebook)
9781509931590 (PDF)
9781509944576 (print)
9781509931576 (hardback)
1509931570 (print)
1509944575 (print)
9781509931583 (ePub)
9781509931590 (PDF)
9781509944576 (print)
9781509931576 (hardback)
1509931570 (print)
1509944575 (print)
9781509931583 (ePub)
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