Beskrivning
Whether or not the Convention on the Rights of Persons with Disabilities (CRPD) outlaws compulsory mental health care is a contentious question that influenced much of the legal debate over the CRPD’s impact on mental health care since the treaty entered into force. According to one position, defended by the CRPD Committee, among others, compulsory mental health care at a closed ward in a psychiatric hospital necessarily violates the right to legal agency and prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsory administration of treatment and care is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is compatible with the CRPD. In this presentation, I disagree with both of these positions and suggest that the scope of permissible compulsory care can be identified using proportionality reasoning tailored to fit the discrimination context. I outline a framework that can assist decision-makers to design principled and evidence-based mental health care regimes and discuss why I believe that compulsory mental health care to prevent violence against others violates the prohibition of disability-based discrimination.| Period | 2022 juli 6 |
|---|---|
| Evenemangstitel | The XXXVIIth IALMH Congress on Law and Mental Health |
| Typ av evenemang | Konferens |
| Konferensnummer | 37 |
| Plats | Lyon, FrankrikeVisa på karta |
| Omfattning | Internationell |