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"This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes to make them better comply with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era"--
Human rights --- Medical law --- Psychiatry --- Mental health laws. --- Mental health services. --- Mentally ill --- Care. --- Convention on the Rights of Persons with Disabilities and Optional Protocol
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Human rights --- Social policy and particular groups --- Europe --- People with disabilities --- Legal status, laws, etc --- Government policy --- Convention on the Rights of Persons with Disabilities and Optional Protocol --- Civil rights --- Legal status, laws, etc. --- Cripples --- Disabled --- Disabled people --- Disabled persons --- Handicapped --- Handicapped people --- Individuals with disabilities --- People with physical disabilities --- Persons with disabilities --- Physically challenged people --- Physically disabled people --- Physically handicapped --- Persons --- Disabilities --- Sociology of disability --- Convention on the Rights of Persons with Disabilities --- Convention on the Rights of Persons with Disabilities and its Optional Protocol --- CRPD --- Shōgai no aru hito no kenri ni kansuru jōyaku to sono sentaku giteisho --- Konvensi PBB Mengenai Hak-Hak Orang Dengan Disabilitas --- UN CRPD --- UNCRPD --- United Nations Convention on the Rights of Persons with Disabilities and Optional Protocol --- Convención sobre los Derechos de las Personas con Discapacidad --- Convención sobre los Derechos de las Personas con Discapacidad y su Protocolo Facultativo --- Optional Protocol to the Convention on the Rights of Persons with Disabilities --- Convention relative aux droits des personnes handicapées et Protocole facultatif --- People with disabilities - Legal status, laws, etc - Europe --- People with disabilities - Government policy - Europe --- Human rights - Europe --- Convenção Internacional sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo --- Convenção sobre os Direitos das Pessoas com Deficiência e seu Protocolo Facultativo --- Convenção sobre os Direitos das Pessoas com Deficiência
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In this first textbook on international and European disability law and policy, Broderick and Ferri analyse the interaction between different legal systems and sources. Guided by the global legal standards of the CRPD, students are equipped with the necessary background on disability, and are given a comprehensive overview of the legal and policy frameworks on disability. The narrative maintains the balance between theory and practice, focusing on the legal framework and challenges in the realm of policy-making, and ensuring that students are aware of current legal debates and controversial issues in the field. Accommodating different learning styles, the book employs a range of accessible features, which include learning outcomes for each chapter, problem questions, group activities, extracts from legal debates and more. Including case studies and examples from around the world, this book has a truly global perspective, suitable for introductory and advanced modules in law departments, as well as interdisciplinary courses.
People with disabilities --- Capacity and disability --- Legal status, laws, etc --- Legal status, laws, etc. --- Convention on the Rights of Persons with Disabilities and Optional Protocol --- Social policy and particular groups --- European law --- International law --- Human rights --- Capacity and disability. --- Incapacité (Droit) --- Personnes handicapées --- Droit --- People with disabilities - Legal status, laws, etc --- People with disabilities - Legal status, laws, etc. - European Union countries
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Article 12 of the UN Convention on the Rights of Persons with Disabilities (UNCPD) recognises the equal right to exercise legal capacity without discrimination based on disability, and obliges state parties to ensure access to the support a person may require in exercising it. Since its adoption, there has been a growing body of work critically examining laws which restrict or remove the exercise of legal capacity based on disability. Traditionally, this work has focused on constitutional and legal standards regulating the exercise of legal capacity. However, reforming legal capacity seems to be an all-encompassing enterprise, which requires deeper attention to be paid to its historical, social and legal foundations, as well as the wide array of institutions that it permeates and their internal coherence. The book comprises chapters by key legal scholars and practitioners in the field of legal capacity, disability and human rights from the Americas, Europe, Asia, Oceania and Africa. It aims to achieve three main goals to address the aforementioned issues. First, to explore the historical evolution, theoretical constructs and institutional features of legal capacity within comparative legal systems and determine the legal and social contours it is taking in current legal reforms. Second, the chapters examine the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law of legal capacity and the practice of supporting people to exercise it in jurisdictions around the world. Finally, the book examines emerging and persistent legal questions and challenges in conceiving, designing and implementing more comprehensive reforms in legal capacity regimes, to ensure consistency with the aims of Article 12 of the UNCPD.
Capacity and disability --- People with disabilities --- Human rights --- Incapacité (Droit) --- Personnes handicapées --- Droits de l'homme (Droit international) --- Legal status, laws, etc. --- Droit --- Convention on the Rights of Persons with Disabilities and Optional Protocol --- Comparative law --- Droit comparé --- Sociology of law --- People with disabilities. --- Personnes handicapées.
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Article 12 of the UN Convention on the Rights of Persons with Disabilities (UNCPD) recognises the equal right to exercise legal capacity without discrimination based on disability, and obliges state parties to ensure access to the support a person may require in exercising it. Since its adoption, there has been a growing body of work critically examining laws which restrict or remove the exercise of legal capacity based on disability. Traditionally, this work has focused on constitutional and legal standards regulating the exercise of legal capacity. However, reforming legal capacity seems to be an all-encompassing enterprise, which requires deeper attention to be paid to its historical, social and legal foundations, as well as the wide array of institutions that it permeates and their internal coherence. The book comprises chapters by key legal scholars and practitioners in the field of legal capacity, disability and human rights from the Americas, Europe, Asia, Oceania and Africa. It aims to achieve three main goals to address the aforementioned issues. First, to explore the historical evolution, theoretical constructs and institutional features of legal capacity within comparative legal systems and determine the legal and social contours it is taking in current legal reforms. Second, the chapters examine the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law of legal capacity and the practice of supporting people to exercise it in jurisdictions around the world. Finally, the book examines emerging and persistent legal questions and challenges in conceiving, designing and implementing more comprehensive reforms in legal capacity regimes, to ensure consistency with the aims of Article 12 of the UNCPD.
People with disabilities. --- People with disabilities --- Legal status, laws, etc. --- Sociology of law --- Human rights --- Personnes handicapées. --- Capacity and disability --- Comparative law --- Incapacité (Droit) --- Personnes handicapées --- Droits de l'homme (Droit international) --- Droit comparé --- Droit --- Convention on the Rights of Persons with Disabilities and Optional Protocol
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Basic rights --- Civil rights (International law) --- Direitos humanos --- Droit international et droits de l'homme --- Droits de l'Homme --- Droits de l'homme et droit international --- Droits de la personne --- Droits fondamentaux --- Droits individuels --- Grondrechten --- Human rights --- Human rights and international law --- Internationaal recht en mensenrechten --- International law and human rights --- Libertés publiques --- Menschenrechte --- Mensenrechten --- Mensenrechten en internationaal recht --- Rechten van de mens --- Rights [Human ] --- Rights of man --- People with disabilities --- Convention relative aux droits des personnes handicapées et protocole facultatif (2007) --- Handicapés --- Droits de l'homme (droit international) --- International cooperation --- Legal status, laws, etc --- Coopération internationale --- International law and human rights. --- Legal status, laws, etc. --- Convention on the Rights of Persons with Disabilities and Optional Protocol --- Discrimination --- Droits de l'homme (Droit international) --- Handicapés --- Law and legislation --- Droit --- Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5) --- Convention relative aux droits des personnes handicapées et protocole facultatif (30 mars 2007) --- Coopération internationale. --- Social policy and particular groups --- United Nations --- Droits de l'homme (droit européen)
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