Legal capacity, mental capacity and supported decision-making: Report from a panel event

International Journal of Law and Psychiatry - Tập 62 - Trang 160-168 - 2019
Jillian Craigie1, Michael Bach2, Sándor Gurbai3,4, Arlene Kanter5, Scott Y.H. Kim6, Oliver Lewis7, Graham Morgan8
1Centre of Medical Law and Ethics, Dickson Poon School of Law, King's College London, London WC2R 2LS, UK
2IRIS – Institute for Research and Development on Inclusion and Society, and Disability Studies, Ryerson University, Toronto, Canada
3Essex Autonomy Project, University of Essex, Colchester, UK
4Institute for Disability and Social Participation, ELTE University, Budapest, Hungary
5Disability Law and Policy Program, Syracuse University College of Law, Syracuse, NY, USA
6Department of Bioethics, Clinical Center, National Institutes of Health, 10 Center Drive, 1C118, Bethesda, MD 20892-1156, USA
7Doughty Street Chambers, 53 Doughty Street, London WC1N 2LS, School of Law, University of Leeds, Leeds LS2 9JT, UK
8Mental Welfare Commission for Scotland, Thistle House, 91 Haymarket Terrace, Edinburgh EH12 5HE, UK.

Tài liệu tham khảo

Alzheimer's Disease International Appelbaum, 2016, Protecting the rights of persons with disabilities: An international convention and its problems, Psychiatric Services, 67, 366, 10.1176/appi.ps.201600050 Bach, 2018 Bach, 2010 Beauchamp, 2009 Bratman, 1987 Bratman, 2007 Campbell, 2018, Safeguarding those experiencing mental ill-health Craigie, 2015, Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities, International Journal of Law and Psychiatry, 40, 6, 10.1016/j.ijlp.2015.04.002 Freeman, 2015, Reversing hard won victories in the name of human rights: A critique of the General Comment on Article 12 of the UN Convention on the Rights of Persons with Disabilities, Lancet Psychiatry, 2, 844, 10.1016/S2215-0366(15)00218-7 Gardner, 1999, Patients' revisions of their beliefs about the need for hospitalization, American Journal of Psychiatry, 156, 1385, 10.1176/ajp.156.9.1385 HUG Kanter, 2015 Katsakou, 2012, Psychiatric patients views on why their involuntary treatment was right or wrong a qualitative study, Social Psychiatry and Psychiatric Epidemiology, 47, 1169, 10.1007/s00127-011-0427-z Kayess, 2008, Out of darkness into light? Introducing the convention on the rights of persons with disabilities, Human Rights Law Review, 8, 1, 10.1093/hrlr/ngm044 Kim, 2010 Lidz, 1998, Coercion in psychiatric care: What have we Learned from research?, The Journal of the American Academy of Psychiatry and the Law, 26, 631 Lindahl, 2017, Legal power: The basic definition, Ratio Juris, 30, 158, 10.1111/raju.12158 Lord, 2010, Lessons from the experience of the U.N. Convention on the Rights of Persons with Disabilities: Addressing the Democratic Deficit in Global Health Governance, Journal of law, Medicine & Ethics, 38, 564, 10.1111/j.1748-720X.2010.00512.x Mental Health Alliance Mental Welfare Commission for Scotland Ministry of the Attorney General of Ontario, Capacity Assessment Office Minkowitz, 2015, Advancing the rights of users and survivors of psychiatry using the UN Convention on the Rights of Persons with Disabilities, 171 Owen, 2009, Retrospective views of psychiatric in-patients regaining mental capacity, British Journal of Psychiatry, 195, 403, 10.1192/bjp.bp.109.065151 Plumb, 2015, UN Convention on the Rights of Persons with Disabilities: Out of the frying pan into the fire? Survivors aligning with the disability movement, 183 Raustiala, 2012, The role of NGOs in international Treaty-making, 150 Sabatello, 2014 Scholten, 2018, Adverse consequences of article 12 of the UN Convention on the Rights of Persons with Disabilities for persons with mental disabilities and an alternative way forward, Journal of Medical Ethics, 44, 226 Sen, 1984 Shapiro, 2011, Planning agency and the law, 17 Sheehan, 2011, Perceived coercion and the therapeutic relationship: A neglected association?, Psychiatric Services, 62, 471, 10.1176/ps.62.5.pss6205_0471 UN Committee on the Rights of Persons with Disabilities UN Committee on the Rights of Persons with Disabilities UN General Assembly Webb, P. (forthcoming). The participation of non-state actors in the multilateral treaty process. In D. Malone, S. Chesterman & S. Villalpando (Eds.), Oxford Handbook of United Nations Treaties. Oxford: Oxford University Press.