The debate about whether mental health law should be abolished or
reformed emerged during the negotiations of the Convention on the
Right of Persons with Disabilities (CRPD) and has raged fiercely for
over a decade. It has resulted in an impasse between abolitionists,
States Parties, and other reformers and a literature which has
devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to
break new ground by cutting through the confusion using the tools of
human rights treaty interpretation backed by a deep jurisprudential
analysis of core CRPD concepts - dignity (including autonomy),
equality, and participation - to gain a clearer understanding of the
meaning of the CRPD and what it requires States Parties to do. In
doing so, it sets out the development of mental health law and is
unique in tracing the history of the abolitionist movement and how nad
why it has emerged now. By digging deeper into the conceptual basis of
the CRPD and developing the 'interpretive compass' based on those
three core CRPD concepts, the book aims to flesh out a broader vision
of disability rights and move the debate forward by evaluating the
three main abolition and reform options. Drawing on jurisprudential
and multi-disciplinary research from philosophy, medicine, sociology,
disability studies, and history, it argues compassionately and
sensitively that mental health law should not be abolished, but should
instead be significantly reformed to minimize coercion and maximize
the support and choices given to persons with mental impairments to
realize all of their CRPD rights.
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Abolish or Reform?
Produktdetaljer
ISBN
9780192654953
Publisert
2021
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter