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

Bartlett, Peter

Authors

Peter Bartlett peter.bartlett@nottingham.ac.uk



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).

Journal Article Type Article
Publication Date Sep 1, 2012
Journal Modern Law Review
Print ISSN 0026-7961
Electronic ISSN 0026-7961
Publisher Wiley
Peer Reviewed Not Peer Reviewed
Volume 75
Issue 5
Institution Citation Bartlett, P. (2012). The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law. Modern Law Review, 75(5), doi:10.1111/j.1468-2230.2012.00923.x
DOI https://doi.org/10.1111/j.1468-2230.2012.00923.x
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
Publisher URL http://onlinelibrary.wiley.com/doi/10.1111/j.1468-2230.2012.00923.x/pdf
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingh.../end_user_agreement.pdf
Additional Information The definitive version is available at: www3.interscience.wiley.com

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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