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Supported decision-making and the achievement of non-discrimination: the promise and paradox of the Disabilities Convention

Weller, Penny (2008) Supported decision-making and the achievement of non-discrimination: the promise and paradox of the Disabilities Convention. Law in Context, 26 (2). pp. 85-110. ISSN 0811-5796

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Abstract

This article argues that the Convention on the Rights of Persons with Disabilities has the potential to limit involuntary medical treatment through requiring the development of genuine processes of supported decision-making in health care. It argues that the emphasis on nondiscrimination in the CRPD envisages supported decision-making processes in health as central to the effective operation of non-discriminatory environments and the achievement of full social participation. Advance directives are posited as a practical method of formalising consumer participation in medical decisions in ways that take account of varying mental health conditions and the specific institutional contexts in which mental health treatment is provided.

Item Type: Article
Uncontrolled Keywords: ResPubID16590. mental disabilities, mental deficiencies, mental health, mental health treatment, mental health laws, treatment, human rights, civil rights, rights of the disabled, mentally ill, discrimination, non-discrimination, anti-discrimination, Convention on the Rights of Persons with Disabilities, involuntary medical treatment, involuntary medical care, decision-making in health care, decision-making in medical care, consumer participation, medical decisions, doctors and patients
Subjects: Faculty/School/Research Centre/Department > School of Law
FOR Classification > 1117 Public Health and Health Services
Depositing User: VUIR
Date Deposited: 05 Aug 2011 05:40
Last Modified: 05 Aug 2011 05:40
URI: http://vuir.vu.edu.au/id/eprint/4038
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