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6 - The ‘Fusion Law’ Proposals and the CRPD

Published online by Cambridge University Press:  20 August 2021

Michael Ashley Stein
Affiliation:
Harvard Law School
Faraaz Mahomed
Affiliation:
Wits University
Vikram Patel
Affiliation:
Harvard Medical School
Charlene Sunkel
Affiliation:
Global Mental Health Peer Network
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Summary

This chapter: (i) provides a succinct statement of our proposal for the ‘fusion’ of mental health and capacity legislation into a single legal regime governing the provision of all healthcare without consent, and the reasons behind this proposal; (ii) argues that a carefully designed scheme of this kind would be consistent with the Convention on the Rights of Persons with Disabilities (CRPD); (iii) responds to the contrary arguments about the CRPD’s interpretation made by the UN Committee on the Rights of Persons with Disabilities, in its General Comment No 1 (2014); and (iv) considers the extent to which the Mental Capacity Act (Northern Ireland) 2016 is consistent with the ‘fusion’ approach, and whether this Act ultimately complies with the CRPD.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2021

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References

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