Should supported decision-making replace substituted decision-making? The convention on the Rights of Persons with Disabilities and Coercive Treatment under Queensland's Mental Health Act 2000
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Description
In 2013, and again in 2014, the UN Committee on the Rights of Persons with Disabilities (CRPD) has recommended that Australia abolish its existing mental health laws which authorise involuntary treatment and detention, and replace them with a regime of supported decision-making. The Australian Law Reform Commission has also recommended the introduction of supported decision-making to replace mental health and guardianship laws. This paper critically evaluates the concepts of autonomy and discrimination and the social model of disability which provide the theoretical underpinning of the CRPD. Focussing on coercive treatment of adults with severe mental illness under Queensland’s Mental Health Act 2000, it then evaluates the advantages and disadvantages of supported decision-making, and concludes that the proposed abolition of involuntary treatment laws is not justified.
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| ID Code: | 124617 | ||
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| Item Type: | Contribution to Journal (Journal Article) | ||
| Refereed: | Yes | ||
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| Measurements or Duration: | 28 pages | ||
| Keywords: | Convention on the Rights of Persons with Disabilities, involuntary treatment, mental health, supported decision-making | ||
| DOI: | 10.3390/laws4020173 | ||
| ISSN: | 2075-471X | ||
| Pure ID: | 32962270 | ||
| Divisions: | Past > QUT Faculties & Divisions > Faculty of Law Current > Schools > School of Law Current > Research Centres > Australian Centre for Health Law Research |
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| Copyright Owner: | Consult author(s) regarding copyright matters | ||
| Copyright Statement: | This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au | ||
| Deposited On: | 15 Jan 2019 01:45 | ||
| Last Modified: | 01 Mar 2024 16:31 |
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