The concept of capacity in Australian mental health law reform: Going in the wrong direction?

McSherry, Bernadette; Wilson, Kay

doi:10.1016/j.ijlp.2015.04.006

Cited by 30 publications

(16 citation statements)

References 14 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…120 Concentrating on positive rights obligations under the CRPD may reinforce realisation of the right to health and mental health and provide the impetus for a fundamental shift in the way in which states approach both mental health and mental illness. 121 However, it is the translation of this at national level which is most problematic.…”

Section: Resultsmentioning

confidence: 99%

“…57 It has however, been suggested that in the context of persons with mental disorder endorsing and advancing the relationship between the right to exercise legal capacity and the right to health potentially provides a way in which to more effectively and concomitantly realise these rights. 58 Moreover, by harnessing the support for the exercise of legal capacity paradigm emphasised in Article 12 CRPD any impasse that might be created when civil and socio-economic rights confront each other in the field of mental health may arguably be resolved. 59 The UN Committee on the Rights of Persons with Disabilities has been pivotal in directing the course of the debate by stating in its General Comment No.1 that Article 12 is a universal right which requires that people with disabilities are never denied their right to legal capacity based on an assessment of their mental capacity.…”

Section: Advancing the Right To Mental Healthmentioning

confidence: 99%

See 1 more Smart Citation

Domestic legislation and international human rights standards: the case of mental health and incapacity

Stavert

McGregor

2017

The International Journal of Human Rights

View full text Add to dashboard Cite

Section: Resultsmentioning

confidence: 99%

Section: Advancing the Right To Mental Healthmentioning

confidence: 99%

Domestic legislation and international human rights standards: the case of mental health and incapacity

Stavert

McGregor

2017

The International Journal of Human Rights

View full text Add to dashboard Cite

“…As one of the civil and political rights found within the CRPD, the right to equal recognition before the law is subject to immediate realisation 23 (McSherry & Wilson 2015 …”

Section: Progressive Realisation Vs Immediate Effectmentioning

confidence: 99%

Recognising legal capacity: commentary and analysis of Article 12 CRPD

Bhailís¹,

Flynn²

2017

International Journal of Law in Context

View full text Add to dashboard Cite

This paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the right to equal recognition before the law and encompasses both academic writing in this area and General Comment No. 1 from the Committee on the Rights of Persons with Disabilities. The content is intended to provide readers of this Special Issue with a general understanding of developments surrounding Article 12 so they can fully engage with the other papers within this Special Issue and with the content of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) project as a whole.

show abstract

“…To date, debate about the human rights implications of the Northern Ireland law reform process have focused almost exclusively on the UNCRPD (McSherry, 2015). However, the NI Act does not just apply to persons with disabilities and thus assessment of its compliance with international human rights law requires that it be viewed in the context of the human rights system as a whole, including the European Convention on Human Rights as the relevant regional instrument.…”

Section: A Human Rightsmentioning

confidence: 99%

No longer 'anomalous, confusing and unjust': the Mental Capacity Act (Northern Ireland) 2016

Harper¹,

Davidson²,

McClelland³

2016

IJMHCL

View full text Add to dashboard Cite

Since 2002 there has been a broad and extensive process to develop new legislation relating to mental health and mental capacity which is of interest as it represents a new departure in terms of such legislation. The Mental Capacity Act (Northern Ireland) 2016 legislates a fusion approach to mental capacity/mental health law. The provisions of the Act apply in general to people who are aged 16 and over and it goes beyond a proposed ‘model law’ of the fusion type in that it incorporates criminal justice provisions. This article provides an overview of the process of development of the Mental Capacity Act (Northern Ireland) 2016. The Act has its origins in the Recommendations of the Bamford Review of Mental Health and Learning Disability which are considered first. The publication of these recommendations was followed by an extended policy development process which is discussed next. Following an overview of the contents of the Act, key issues which emerged during the policy development and legislative processes are outlined.

show abstract

The concept of capacity in Australian mental health law reform: Going in the wrong direction?

Cited by 30 publications

References 14 publications

Domestic legislation and international human rights standards: the case of mental health and incapacity

Domestic legislation and international human rights standards: the case of mental health and incapacity

Recognising legal capacity: commentary and analysis of Article 12 CRPD

No longer 'anomalous, confusing and unjust': the Mental Capacity Act (Northern Ireland) 2016

Contact Info

Product

Resources

About