Suchergebnisse

This volume is a systematic commentary on the Convention on the Rights of Persons with Disabilities (CRPD), and includes analysis of its Optional Protocol. It provides an authoritative discussion on the CRPD and will be the definitive resource tool for use in litigation and policy formation at the domestic and international levels

Preliminary Material /Oddný Mjöll Arnardóttir and Gerard Quinn -- Disability Studies, The Social Model And Legal Developments /Rannveig Traustadóttir -- Future Prospects For The United Nations Convention On The Rights Of Persons With Disabilities /Michael Ashley Stein and Janet E. Lord -- A Future Of Multidimensional Disadvantage Equality? /Oddný Mjöll Arnardóttir -- From Invisibility To Indivisibility: The International Convention On The Rights Of Persons With Disabilities /Ida Elisabeth Koch -- The UN Convention On The Rights Of Persons With Disabilities And European Disability Law: A Catalyst For Cohesion? /Anna Lawson -- Breaking New Ground: The Implications Of Ratification Of The UN Convention On The Rights Of Persons With Disabilities For The European Community /Lisa Waddington -- The Protection Of The Rights Of Persons With Disabilities In The Case Law Of The European Court Of Human Rights /Davíð Þór Björgvinsson -- Extracting Protection For The Rights Of Persons With Disabilities From Human Rights Frameworks: Established Limits And New Possibilities /Colm O'Cinneide -- General Themes Relevant To The Implementation Of The UN Disability Convention Into Domestic Law: Who Is Responsible For The Implementation And How Should It Be Performed? /Holger Kallehauge -- Resisting The \'Temptation Of Elegance\': Can The Convention On The Rights Of Persons With Disabilities Socialise States To Right Behaviour? /Gerard Quinn -- The Implementation Of The UN Convention And The Development Of Economical And Social Rights As Human Rights /Brynhildur G. Flóvenz -- The UN Convention In Nordic Domestic Law - Lessons Learned From Other Treaties /Ragnhildur Helgadóttir -- Notes On Contributors /Oddný Mjöll Arnardóttir and Gerard Quinn -- Index /Oddný Mjöll Arnardóttir and Gerard Quinn.

People with a mental illness may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD), depending on definitions of terms such as 'impairment', long-term' and the capaciousness of the word 'includes' in the Convention's characterisation of persons with disabilities. Particularly challenging under the CRPD is the scope, if any, for involuntary treatment. Conventional mental health legislation, such as the Mental Health Act (England and Wales) appears to violate, for example, Article 4 ('no discrimination of any kind on the basis of disability'), Article 12 (persons shall 'enjoy legal capacity on an equal basis with others in all aspects of life') and Article 14 ('the existence of a disability shall in no case justify a deprivation of liberty'). We argue that a form of mental health law, such as the Fusion Law proposal, is consistent with the principles of the CRPD. Such law is aimed at eliminating discrimination against persons with a mental illness. It covers all persons regardless of whether they have a 'mental' or a 'physical' illness, and only allows involuntary treatment when a person's decision-making capability (DMC) for a specific treatment decision is impaired whatever the health setting or cause of the impairment and where supported decision making has failed. In addition to impaired DMC, involuntary treatment would require an assessment that such treatment gives the person's values and perspective paramount importance.

AbstractImplementation of the United Nations' (UN) Convention on the Rights of Persons with Disabilities (CRPD), together with the new UN commitment to ensure the inclusion of people with disabilities in the post‐2015 Sustainable Development Goals (SDGs), should now be considered an overarching priority by organizations and individuals committed to improving the quality of life of people with disabilities. The CRPD is not merely the latest in a long line of UN declarations, but a potential catalyst for a radical reappraisal of policy and practice among governments and organizations of persons with disabilities (disabled persons organizations (DPOs)) and by service planners and providers, members of professional and voluntary organizations, the research community, and by society at large. The 152 governments that have ratified the CRPD have entered into a commitment in international law to submit detailed reports to the CRPD Committee of the UN human rights commission. Although some DPOs have made good use of their right of access to this Committee, there is cause of concern about resources available to others. The Committee's criticisms of the nature and quality of government implementation highlight the need for sustained and informed advocacy by civil society and the use of the Internet and social media to raise public awareness about the potential of the CRPD to benefit people with disabilities. The author posits that lack of data on persons with disabilities in many countries now presents the most serious obstacle to accountability and monitoring. It is suggested that scientific and professional bodies need to work more earnestly in partnership with DPOs in a combined effort to make a reality of the Convention and the emerging SDGs in a new dynamic of "research to practice."

People with a mental illness may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD), depending on definitions of terms such as 'impairment', 'long-term' and the capaciousness of the word 'includes' in the Convention's characterisation of persons with disabilities. Particularly challenging under the CRPD is the scope, if any, for involuntary treatment. Conventional mental health legislation, such as the Mental Health Act (England and Wales) appears to violate, for example, Article 4 ('no discrimination of any kind on the basis of disability'), Article 12 (persons shall 'enjoy legal capacity on an equal basis with others in all aspects of life') and Article 14 ('the existence of a disability shall in no case justify a deprivation of liberty'). We argue that a form of mental health law, such as the Fusion Law proposal, is consistent with the principles of the CRPD. Such law is aimed at eliminating discrimination against persons with a mental illness. It covers all persons regardless of whether they have a 'mental' or a 'physical' illness, and only allows involuntary treatment when a person's decision-making capability (DMC) for a specific treatment decision is impaired — whatever the health setting or cause of the impairment — and where supported decision making has failed. In addition to impaired DMC, involuntary treatment would require an assessment that such treatment gives the person's values and perspective paramount importance.

People with a mental illness may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD), depending on definitions of terms such as 'impairment', 'long-term' and the capaciousness of the word 'includes' in the Convention's characterisation of persons with disabilities. Particularly challenging under the CRPD is the scope, if any, for involuntary treatment. Conventional mental health legislation, such as the Mental Health Act (England and Wales) appears to violate, for example, Article 4 ('no discrimination of any kind on the basis of disability'), Article 12 (persons shall 'enjoy legal capacity on an equal basis with others in all aspects of life') and Article 14 ('the existence of a disability shall in no case justify a deprivation of liberty'). We argue that a form of mental health law, such as the Fusion Law proposal, is consistent with the principles of the CRPD. Such law is aimed at eliminating discrimination against persons with a mental illness. It covers all persons regardless of whether they have a 'mental' or a 'physical' illness, and only allows involuntary treatment when a person's decision-making capability (DMC) for a specific treatment decision is impaired — whatever the health setting or cause of the impairment — and where supported decision making has failed. In addition to impaired DMC, involuntary treatment would require an assessment that such treatment gives the person's values and perspective paramount importance.

People with a mental illness may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD), depending on definitions of terms such as 'impairment', 'long-term' and the capaciousness of the word 'includes' in the Convention's characterisation of persons with disabilities. Particularly challenging under the CRPD is the scope, if any, for involuntary treatment. Conventional mental health legislation, such as the Mental Health Act (England and Wales) appears to violate, for example, Article 4 ('no discrimination of any kind on the basis of disability'), Article 12 (persons shall 'enjoy legal capacity on an equal basis with others in all aspects of life') and Article 14 ('the existence of a disability shall in no case justify a deprivation of liberty'). We argue that a form of mental health law, such as the Fusion Law proposal, is consistent with the principles of the CRPD. Such law is aimed at eliminating discrimination against persons with a mental illness. It covers all persons regardless of whether they have a 'mental' or a 'physical' illness, and only allows involuntary treatment when a person's decision-making capability (DMC) for a specific treatment decision is impaired — whatever the health setting or cause of the impairment — and where supported decision making has failed. In addition to impaired DMC, involuntary treatment would require an assessment that such treatment gives the person's values and perspective paramount importance.

On 5 June 2014, the European Union published its first report on the implementation of the UN Convention on the Rights of Persons with Disabilities (UN CRPD). This document follows the ratification of the Convention by the EU in 2010 and its obligation to prepare and submit a report on its actions to support the implementation of the Convention. Read the report here.

"This book contains a global comparative study of implementation and monitoring mechanisms for national disability strategies. It comprises a comparative study that was conducted at international, regional, and comparative country levels and that highlights critical success factors in implementing disability strategies or action plans worldwide. It explores emerging synergies between what is required to implement principles of international law contained in the Convention on the Rights of Persons with Disabilities and what it is possible to achieve through national policy and systems development. A number of critical success factors for implementing and monitoring strategies are identified, including leadership from government and civil society, participation of disabled people in implementation and monitoring, transparency and accountability in reporting on progress, independent monitoring and external review, and the ability to measure progress with indicators of disability equality"--Provided by publisher