A New Era for Mental Health Law and Policy Supported Decision-Making and the UN Convention on the Rights of Persons with Disabilities Cambridge Disability Law and Policy Series

The Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy. In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear. In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the 'will, preference and rights' of persons with disabilities 'on an equal basis with others'. This book explores the implications of the CRPD for law, policy and practice that respond to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds the potential to address persistent shortcomings in mental health law and policy.

Introduction; Part I. What Do Human Rights Mean for Mental Health Law?: 1. Mental health law: purpose and procedures; 2. Mental health, law and the United Nations Convention on the Rights of Persons with Disabilities: new tools or new paradigm?; 3. Major criticisms of mental health law; Part II. The CRPD-Support Framework and Mental Health: New Tools or New Paradigm?: 4. The CRPD-support framework; 5. Applying the CRPD-support framework in law; 6. Practical examples of the CRPD-suport approach in the mental health context; 7. Navigating the 'flashing amber lights' of the CRPD-support framework: addressing major concerns; Conclusion.

Piers Gooding is currently Postdoctoral Research Fellow at the Melbourne Social Equity Institute and the Melbourne Law School at the University of Melbourne. He has held a number of teaching and research appointments, including at Monash University, the Centre for Disability Law and Policy at the National University of Ireland, Galway, and as a visiting research fellow at King's College London. His research focuses on disability law and policy, with a special focus on the UN Convention on the Rights of Persons with Disabilities.