Compulsory Mental Health Interventions and the CRPD

Minding Equality

Anna Nilsson (Lund University)

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Paperback

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English

Hart Publishing
20 October 2022

Medical & healthcare law

Series: Hart Studies in Law and Health

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.

By: Anna Nilsson (Lund University)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509944576
ISBN 10: 1509944575
Series: Hart Studies in Law and Health
Pages: 200
Publication Date: 20 October 2022
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Anna Nilsson is Postdoctoral Fellow at the Faculty of Law, Lund University.

Reviews for Compulsory Mental Health Interventions and the CRPD: Minding Equality

A very useful tool for those who might be seeking to design principled and evidence-based mental health care regimes, because it provides a helpful set of measures against which to stress test both legislation and policies. -- Alex Ruck Keene * International Journal of Mental Health and Capacity Law *