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 and to improve compliance with the CRPD. It will
appeal to academics and practitioners engaged in mental health reform
in the post-CRPD era.
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Minding Equality
Produktdetaljer
ISBN
9781509931590
Publisert
2021
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter