The concept of capacity in Australian mental health law reform Going in the wrong direction英文资料精品.pdfVIP

International Journal of Law and Psychiatry 40 (2015) 60–69 Contents lists available at ScienceDirect International Journal of Law and Psychiatry The concept of capacity in Australian mental health law reform: Going in the wrong direction? Bernadette McSherry a,b,⁎, Kay Wilson b a Monash University, Australia b Melbourne Law School, University of Melbourne, Australia a r t i c l e i n f o a b s t r a c t Available online 6 May 2015 The six Australian states and two territories each have legislation that enables the involuntary detention and treatment of individuals diagnosed with mental illness who are considered in need of treatment and where Keywords: there is evidence of a risk of harm to self or others. A number of governments have undertaken or are currently Mental health law undertaking reviews of mental health laws in light of the Australian Governments ratification of the Convention Human rights on the Rights of Persons with Disabilities. While United Nations bodies have made it clear that laws which enable Legal capacity the detention of and substituted decision-making for persons with disabilities should be abolished, debates in Australia about the reform of mental health legislation have largely focused on Article 12 of the CRPD and what is meant by the right of persons with disabilities to enjoy legal capacity on an equal basis with others. It