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Laws 2015, 4(2), 173-200; doi:10.3390/laws4020173

Should Supported Decision-Making Replace Substituted Decision-Making? The Convention on the Rights of Persons with Disabilities and Coercive Treatment under Queensland’s Mental Health Act 2000

Faculty of Law, Queensland University of Technology, 2 George Street, Brisbane 4000, Australia
Academic Editors: Lindy Willmott, Kelly Purser and Shih-Ning Then
Received: 6 March 2015 / Accepted: 19 May 2015 / Published: 25 May 2015
View Full-Text   |   Download PDF [515 KB, uploaded 25 May 2015]

Abstract

In 2013, and again in 2014, the UN Committee on the Rights of Persons with Disabilities (CRPD) has recommended that Australia abolish its existing mental health laws which authorise involuntary treatment and detention, and replace them with a regime of supported decision-making. The Australian Law Reform Commission has also recommended the introduction of supported decision-making to replace mental health and guardianship laws. This paper critically evaluates the concepts of autonomy and discrimination and the social model of disability which provide the theoretical underpinning of the CRPD. Focussing on coercive treatment of adults with severe mental illness under Queensland’s Mental Health Act 2000, it then evaluates the advantages and disadvantages of supported decision-making, and concludes that the proposed abolition of involuntary treatment laws is not justified. View Full-Text
Keywords: convention on the rights of persons with a disability; mental illness; autonomy; relational autonomy; supported decision-making convention on the rights of persons with a disability; mental illness; autonomy; relational autonomy; supported decision-making
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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MDPI and ACS Style

Del Villar, K. Should Supported Decision-Making Replace Substituted Decision-Making? The Convention on the Rights of Persons with Disabilities and Coercive Treatment under Queensland’s Mental Health Act 2000. Laws 2015, 4, 173-200.

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