12.07.2015 Views

Seattle University Collaborative Projects - International Academy of ...

Seattle University Collaborative Projects - International Academy of ...

Seattle University Collaborative Projects - International Academy of ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

The ‘social model <strong>of</strong> disability’ gives substance to the ‘paradigm shift’ which is hailed as thepivotal contribution <strong>of</strong> the CRPD to the human rights landscape. This paper examines theimplications <strong>of</strong> the social model <strong>of</strong> disability for the mental health law. It begins with anexamination <strong>of</strong> the theoretical and conceptual underpinnings <strong>of</strong> the social model <strong>of</strong> disability insociology and critical disability studies. It then considers the manifestation or expression <strong>of</strong> thesocial model <strong>of</strong> disability in the CRPD, with reference to the ‘definition <strong>of</strong> disability on the basis<strong>of</strong> disability’ and the concept <strong>of</strong> reasonable accommodation. The paper shows that the adoption<strong>of</strong> the social model <strong>of</strong> disability in the CRPD marks a critical juncture in international humanrights law by recognising in an international covenant the social production <strong>of</strong> knowledge, thesocial production and reproduction <strong>of</strong> human rights abuse, and the social determinants <strong>of</strong> healthand well being. It argues that the social model <strong>of</strong> disability provides a framework within whichthe entrenched relationships, attitudes and assumptions that underpin traditional forms <strong>of</strong> socialand legal engagement with people with disabilities, including people with mental illness, may bechallenged. In practical terms this approach destabilizes ‘capacity’ as workable construct inmental health law, augmenting it with a strong preference for the principle <strong>of</strong> participation.Swedish Mental Health Law Revisited: Discrimination and Values at StakeAnna Nilsson, Lund <strong>University</strong> (anna.nilsson@jur.lu.se)Moa Kindstrom Dahlin, Stockholm <strong>University</strong> (moa.kindstrom-dahlin@juridicum.su.se)Should all people with disabilities be decision makers in their own lives, or should the decisionmakingin some cases be left to a third party with the former person’s best interests at heart? Thiswas the core question throughout the negotiations <strong>of</strong> the Convention on the Rights <strong>of</strong> Personswith Disabilities (CRPD). Even though this question is answered with ambiguous silence, thatitself is ground-breaking. Previous human rights instruments explicitly legitimized involuntaryinterventions in mental health care and focused on minimizing the use <strong>of</strong> coercion, providedsafeguards and ensured that compulsory treatment was only applied to those who needed it, i.e.those who are "really mentally ill." The CRPD is different. It contains no provisions explicitlylegitimizing compulsory psychiatric care. Instead references to equality set the limit for nonconsensualinterventions. But what does equality mean in the mental health context? And whatconstitutes legitimate interventions? To answer these questions, we explore differentunderstandings <strong>of</strong> equality as well as unveiling the values and conflicts <strong>of</strong> interests in Swedishmental health law. We argue that certain changes are urgently needed in the Swedish context,regardless <strong>of</strong> which understanding <strong>of</strong> equality one adopts.Appropriate Types <strong>of</strong> Involuntary Treatment: Can Human Rights StandardsProvide Greater Guidance?411

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!