Next Article in Journal
Using Risk to Assess the Legal Violence of Mandatory Detention
Next Article in Special Issue
Disability in a Human Rights Context
Previous Article in Journal
Governance of the Internet of Things—From Infancy to First Attempts of Implementation?
Previous Article in Special Issue
Uneasy Bedfellows: Social Justice and Neo-Liberal Practice in the Housing Market
Article Menu

Export Article

Open AccessArticle
Laws 2016, 5(3), 29; doi:10.3390/laws5030029

Strengthening the Voice of Persons with Mental Health Problems in Legal Capacity Proceedings

1
Department of Health Sciences and Health Policy, Faculty of Humanities and Social Sciences, University of Lucerne, Frohburgstrasse, 6002 Lucerne, Switzerland
2
Swiss Paraplegic Research, Guido A Zächstrasse 2, 6207 Nottwil, Switzerland
*
Author to whom correspondence should be addressed.
Academic Editor: Anna Arstein-Kerslake
Received: 24 February 2016 / Revised: 10 June 2016 / Accepted: 24 June 2016 / Published: 29 June 2016
(This article belongs to the Special Issue Disability Human Rights Law)
View Full-Text   |   Download PDF [214 KB, uploaded 29 June 2016]

Abstract

Despite the standards set out by the United Nations Convention on the Rights of Persons with Disabilities (CRPD), states are reluctant to put an end to substitute decision-making regimes all at once. Persons with mental health problems are particularly affected by such regimes that are instituted by independent authorities through legal capacity proceedings. In order to allow the person to express their will and preferences throughout the proceedings, the right to be heard is of primary importance for the person concerned. The objective of this paper is to review the essential support mechanisms as well as procedural accommodations for the implementation of an equal and effective right to be heard for persons with mental health problems. Fulfilling the right to be heard in legal capacity proceedings is a step towards more individualized regimes that promote the autonomy of the person. View Full-Text
Keywords: mental health; legal capacity proceedings; right to be heard mental health; legal capacity proceedings; right to be heard
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).

Scifeed alert for new publications

Never miss any articles matching your research from any publisher
  • Get alerts for new papers matching your research
  • Find out the new papers from selected authors
  • Updated daily for 49'000+ journals and 6000+ publishers
  • Define your Scifeed now

SciFeed Share & Cite This Article

MDPI and ACS Style

Fallon-Kund, M.; Bickenbach, J. Strengthening the Voice of Persons with Mental Health Problems in Legal Capacity Proceedings. Laws 2016, 5, 29.

Show more citation formats Show less citations formats

Note that from the first issue of 2016, MDPI journals use article numbers instead of page numbers. See further details here.

Related Articles

Article Metrics

Article Access Statistics

1

Comments

[Return to top]
Laws EISSN 2075-471X Published by MDPI AG, Basel, Switzerland RSS E-Mail Table of Contents Alert
Back to Top