The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law

Bartlett, Peter (2012) The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law. Modern Law Review, 75 (5). pp. 752-778. ISSN 0026-7961

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Abstract

The United Nations Convention on the Rights of Persons with Disability (CRPD) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of English mental health and mental capacity law. The CRPD introduces a new paradigm into international disability law, relying on the social model of disability. While that is no doubt a good thing, there is as yet no clear sense as to how that is to be implemented. After providing an introduction to the Convention, the paper considers four specific areas: mental capacity law (focussing on the provisions of the Mental Capacity Act 2005), psychiatric treatment without consent, civil detention of people with mental disabilities, and mental disability in the criminal system (fitness to plead, insanity and diminished responsibility).

Item Type: Article
Additional Information: The definitive version is available at: www3.interscience.wiley.com
Keywords: Convention on the Rights of Persons with Disability CRPD Mental Health Law Mental Capacity Law Disabilities Law Mental Health Act 1983 Mental Capacity Act 2005
Schools/Departments: University of Nottingham UK Campus > Faculty of Social Sciences > School of Law
Depositing User: Bartlett, Peter
Date Deposited: 21 Dec 2012 12:49
Last Modified: 12 May 2016 03:27
URI: http://eprints.nottingham.ac.uk/id/eprint/1610

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