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6 - The ‘Fusion Law’ Proposals and the CRPD

Published online by Cambridge University Press:  20 August 2021

By
John Dawson  and
George Szmukler
Edited by
Michael Ashley Stein ,
Faraaz Mahomed ,
Vikram Patel  and
Charlene Sunkel
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.

Type
Chapter
Information
Mental Health, Legal Capacity, and Human Rights , pp. 95 - 108
Publisher: Cambridge University Press
Print publication year: 2021

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References

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