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

Department of Health Sciences and Health Policy, Faculty of Humanities and Social Sciences, University of Lucerne, Frohburgstrasse, 6002 Lucerne, Switzerland
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 Collection Disability Human Rights Law)
Full-Text   |   PDF [214 KB, uploaded 29 June 2016]


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).

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

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