Particularly challenging under the CRPD is the scope
AbstractPeople with a mental illness may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD), depending on definitions of terms such as ‘impairment’, ‘long term’ and the capaciousness of the word ‘includes’ in the Convention’s characterisation of persons with disabilities. Particularly challenging under the CRPD is the scope, if any, for involuntary treatment. Mental health legislation, such as the Mental Health Act (England and Wales) appears to violate, for example, Article 4 (‘no discrimination of any kind on the basis of disability’), Article 12 (persons shall ‘enjoy legal capacity on an equal basis with others in all aspects of life’) and Article 14 (‘the existence of a disability shall in no case justify a deprivation of liberty’).
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