A new tool to assess compliance of mental health laws with the convention on the rights of persons with disabilities

被引:6
|
作者
Byrne, Marion [1 ]
White, Ben [2 ]
McDonald, Fiona [2 ]
机构
[1] Off Publ Guardian, Policy & Reporting, POB 13554,363 George St, Brisbane, Qld 4003, Australia
[2] Queensland Univ Technol, Australian Ctr Hlth Law Res, Fac Law, Gardens Point Campus,1 George St, Brisbane, Qld 4001, Australia
关键词
Mental illness; Mental health legislation; Article; 12; CRPD; Measuring human rights; SUPPORTED DECISION-MAKING; UNITED-NATIONS; LEGAL CAPACITY; UN CONVENTION; ARTICLE; 12; LEGISLATION; AUTONOMY; RECOGNITION; AUSTRALIA; DETENTION;
D O I
10.1016/j.ijlp.2018.04.001
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Since the introduction of the Convention on the Rights of Persons with Disabilities (2006) (CRPD), there have been calls to establish standards to measure compliance of domestic mental health laws with the human rights outlined in the CRPD. This article aims to address this gap by proposing a tool: the Analysis Instrument for Mental health (AIM). In particular, the tool's purpose is to enable states and civil society to assess the compliance of non forensic domestic mental health laws with Article 12 of the CRPD. It responds to Dawson's (2015) call for a mechanism designed to provide clear and measurable standards for which to undertake this exercise. The content of AIM draws directly from the authoritative interpretation of Article 12 provided by the United Nations Committee on the Rights of Persons with Disabilities (the Committee) in its General Comment, as well as the substantial body of academic and other literature about Article 12. (C) 2018 Elsevier Ltd. All rights reserved.
引用
收藏
页码:122 / 142
页数:21
相关论文
共 50 条