The Convention on the Rights of Persons with Disabilities (‘CRPD’) is the first international human rights treaty to recognize rights specifically for disabled people. It has been heralded as revolutionary in creating a ‘paradigm shift’ in how disability is understood within law. The CRPD moves away from a medical model of disability (which focuses on the individual’s limitations) to a social model of disability (which focuses on social barriers and how they can be alleviated to better promote the rights of disabled people.) Nilsson rightly points out that much of the originality of the CRPD’s approach rests with its focus on equal treatment and non-discrimination (pp 12–14). One of the areas in which disabled people are still discriminated against is in the context of compulsory mental health treatment. The presence of a psychosocial disability is still used in the majority of domestic mental health laws to justify compulsion. This includes where an individual is refusing treatment a professional believes they require and the person either lacks decision making ability, or there is a risk of self harm, harm to others, serious deterioration in health or a combination of these factors (pp 45–49). Therefore, one of the questions dominating CRPD implementation is if and when compulsory treatment is justified under the CRPD.
{"title":"Anna Nilsson, Compulsory Mental Health Interventions and the CRPD: Minding Equality (Hart Publishing, 2021, xi + 186pp, £67.50) ISBN 97815099315 76 (hb)","authors":"Carter G.","doi":"10.1093/hrlr/ngab032","DOIUrl":"https://doi.org/10.1093/hrlr/ngab032","url":null,"abstract":"<span>The Convention on the Rights of Persons with Disabilities (‘CRPD’) is the first international human rights treaty to recognize rights specifically for disabled people. It has been heralded as revolutionary in creating a ‘paradigm shift’ in how disability is understood within law. The CRPD moves away from a medical model of disability (which focuses on the individual’s limitations) to a social model of disability (which focuses on social barriers and how they can be alleviated to better promote the rights of disabled people.) Nilsson rightly points out that much of the originality of the CRPD’s approach rests with its focus on equal treatment and non-discrimination (pp 12–14). One of the areas in which disabled people are still discriminated against is in the context of compulsory mental health treatment. The presence of a psychosocial disability is still used in the majority of domestic mental health laws to justify compulsion. This includes where an individual is refusing treatment a professional believes they require and the person either lacks decision making ability, or there is a risk of self harm, harm to others, serious deterioration in health or a combination of these factors (pp 45–49). Therefore, one of the questions dominating CRPD implementation is if and when compulsory treatment is justified under the CRPD.</span>","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"8 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138516574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The draft Convention on the Right to Development is being negotiated under the auspices of the Human Rights Council. This article seeks to explore the merits and the added value of the draft in terms of its normative contents particularly compared with its soft law predecessor—the Declaration on the Right to Development. It argues that the draft is a momentous step in the recognition of the right to development as a human right not only because it is binding, if adopted, but also contains concrete, detailed and implementable norms. While it maintained the abstract and aspirational formulation of norms under the Declaration to a certain extent, the draft also addresses some of the prevailing gaps and limitations of the Declaration.
{"title":"The Draft Convention on the Right to Development: A New Dawn to the Recognition of the Right to Development as a Human Right?","authors":"Roman Girma Teshome","doi":"10.1093/hrlr/ngac001","DOIUrl":"https://doi.org/10.1093/hrlr/ngac001","url":null,"abstract":"The draft Convention on the Right to Development is being negotiated under the auspices of the Human Rights Council. This article seeks to explore the merits and the added value of the draft in terms of its normative contents particularly compared with its soft law predecessor—the Declaration on the Right to Development. It argues that the draft is a momentous step in the recognition of the right to development as a human right not only because it is binding, if adopted, but also contains concrete, detailed and implementable norms. While it maintained the abstract and aspirational formulation of norms under the Declaration to a certain extent, the draft also addresses some of the prevailing gaps and limitations of the Declaration.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"112 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138516575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/hrlr/ngac002","DOIUrl":"https://doi.org/10.1093/hrlr/ngac002","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60847784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/hrlr/ngac013","DOIUrl":"https://doi.org/10.1093/hrlr/ngac013","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60847936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/hrlr/ngac015","DOIUrl":"https://doi.org/10.1093/hrlr/ngac015","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60847665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/hrlr/ngac007","DOIUrl":"https://doi.org/10.1093/hrlr/ngac007","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60847855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/hrlr/ngac011","DOIUrl":"https://doi.org/10.1093/hrlr/ngac011","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60847907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/hrlr/ngac005","DOIUrl":"https://doi.org/10.1093/hrlr/ngac005","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60847820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/hrlr/ngac008","DOIUrl":"https://doi.org/10.1093/hrlr/ngac008","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60847869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/hrlr/ngac014","DOIUrl":"https://doi.org/10.1093/hrlr/ngac014","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60847515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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