Seattle University Collaborative Projects - International Academy of ...

as well as the legislature brought about some changes to give relief for partners in a domesticpartnership. The draft Domestic Partnership Bill that was published in January 2008, yet to beenacted, will rectify the position and regulate cohabitation. Some of the objectives of the Billinclude the recognition to the legal status of domestic partners, their respective rights andobligations and the regulation of their financial matters. In the interim, until the Bill ispromulgated, cohabitants are dependent on the courts especially with regard to the division ofproperty. Partners have to apply to the court for an order to divide the joint and separate propertyof one or both of the partners. The court will then divide the property how it deems equitable andjust. Another possibility for the domestic partners is to prove the existence of a universalpartnership. The partnership gives both parties a right to share in all the property acquired duringthe relationship. However, it is difficult to prove the existence thereof and adhere to therequirements. The paper will investigate the current situation with regards to domesticpartnerships and how the proposed legislation that will recognise cohabitation will have thedesired therapeutic outcome.188. International Human Rights and Mental Health CourtsMental Health Courts and the CRPDRobert Dinerstein, American University, Washington College of Law(rdiners@wcl.american.edu)Mental Health Courts, sometimes called problem-solving courts, have evolved as an alternativeto criminal prosecution for defendants with psychosocial disorders. Ostensibly designed toprovide more thoughtful, humane and intensive treatment to these individuals than they couldreceive in jail or prison, or through traditional probation services, Mental Health Courts canexact a heavy price for this supposed benefit. For example, the requirement that individualsadmit their guilt and the high degree of state involvement in the individual’s life (possibly muchhigher than would occur if the individual served his or her time in jail) raise important questionsregarding whether Mental Health Courts are in fact overly coercive and deny individuals’ legalcapacity. This paper will examine Mental Health Courts in light of key articles of the UNConvention on the Rights of Persons with Disabilities, in particular Articles 12, Equalrecognition before the law, 14, Liberty and security of person, and 19, Living independently andbeing included in the community.Safeguarding the Rights of People Detained for Psychiatric Treatment in NewZealandKatey Thom, University of Auckland (k.thom@auckland.ac.nz)445