A New Tool to Assess Compliance of Mental Health Laws with the Convention on the Rights of Persons with Disabilities

International Journal of Law and Psychiatry 58, pp 122-142, June 2018.

64 Pages Posted: 31 Aug 2018

See all articles by Marion Byrne

Marion Byrne

Independent

Ben White

Queensland University of Technology - Faculty of Law

Fiona McDonald

Associate Lecturer

Date Written: 2018

Abstract

Since the introduction of the Convention on the Rights of Persons with Disabilities (2006) (CRPD), there have been calls to establish standards to measure compliance of domestic mental health laws with the human rights outlined in the CRPD. This article aims to address this gap by proposing a tool: the Analysis Instrument for Mental Health (AIM). In particular, the tool’s purpose is to enable states and civil society to assess the compliance of non-forensic domestic mental health laws with Article 12 of the CRPD. It responds to Dawson’s (2015) call for a mechanism designed to provide clear and measurable standards for which to undertake this exercise. The content of AIM draws directly from the authoritative interpretation of Article 12 provided by the United Nations Committee on the Rights of Persons with Disabilities (the Committee) in its General Comment, as well as the substantial body of academic and other literature about Article 12.

Suggested Citation

Byrne, Marion and White, Ben and McDonald, Fiona, A New Tool to Assess Compliance of Mental Health Laws with the Convention on the Rights of Persons with Disabilities (2018). International Journal of Law and Psychiatry 58, pp 122-142, June 2018., Available at SSRN: https://ssrn.com/abstract=3237192

Marion Byrne

Independent

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

Fiona McDonald

Associate Lecturer ( email )

Australia
61 7 31382010 (Phone)

HOME PAGE: http://www.law.qut.edu.au/staff/lsstaff/fmcdonald.jsp

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