The influence of the convention on the rights of persons with disabilities on the European court of human rights in the area of mental health law: Divergence and unexplored potential.

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  • Author(s): Fiala-Butora J;Fiala-Butora J;Fiala-Butora J
  • Source:
    International journal of law and psychiatry [Int J Law Psychiatry] 2024 May-Jun; Vol. 94, pp. 101965. Date of Electronic Publication: 2024 Mar 03.
  • Publication Type:
    Journal Article
  • Language:
    English
  • Additional Information
    • Source:
      Publisher: Elsevier Country of Publication: Netherlands NLM ID: 7806862 Publication Model: Print-Electronic Cited Medium: Internet ISSN: 1873-6386 (Electronic) Linking ISSN: 01602527 NLM ISO Abbreviation: Int J Law Psychiatry Subsets: MEDLINE
    • Publication Information:
      Publication: Amsterdam : Elsevier
      Original Publication: Elmsford, N. Y., Pergamon Press
    • Subject Terms:
      Disabled Persons*/legislation & jurisprudence ; Disabled Persons*/psychology ; Human Rights*/legislation & jurisprudence ; Commitment of Mentally Ill*/legislation & jurisprudence ; United Nations*; Humans ; Europe ; Mental Disorders/therapy ; Mental Disorders/psychology ; Mental Competency/legislation & jurisprudence
    • Abstract:
      This article explores how the European Court of Human Rights has applied the norms of the UN Convention on the Rights of Persons with Disabilities (CRPD) in the area of mental health law. The European Court was initially receptive to the CRPD, including the UN Committee on the Rights of Persons with Disabilities' call for a repeal of legislation permitting involuntary psychiatric hospitalisation, but later distanced itself from it. The CRPD has nevertheless influenced how the European Court approached (a) involuntary hospitalisation, (b) separating detention from treatment, (c) restraints and other forms of ill-treatment in institutions, and (d) disability-neutral detention based on disability. Despite the two treaty bodies' different jurisprudential methodology and their different assumptions about the role of medical and legal professionals, the CRPD can continue to influence the European Court in areas such as less restrictive alternatives to coercive treatment, the relevance of capacity, and the importance of personal integrity for mental health treatment.
      Competing Interests: Declaration of competing interest None.
      (Copyright © 2023. Published by Elsevier Ltd.)
    • Contributed Indexing:
      Keywords: Capacity to consent to treatment; Convention on the rights of persons with disabilities (CRPD); Detention on the basis of dangerousness; European court of human rights; Involuntary hospitalisation; Restraints
    • Publication Date:
      Date Created: 20240304 Date Completed: 20240613 Latest Revision: 20240613
    • Publication Date:
      20240614
    • Accession Number:
      10.1016/j.ijlp.2024.101965
    • Accession Number:
      38437784