Seattle University Collaborative Projects - International Academy of ...

The 2006 UN Convention on the Rights of Persons with Disabilities (CRPD) sets out key rightsthat citizens with a disability should enjoy in a fair society. People with disabilities arecharacterised as follows: “Persons with disabilities include those who have long-term physical,mental, intellectual or sensory impairments which in interaction with various barriers may hindertheir full and effective participation in society on an equal basis with others”. In respect ofpeople with ‘mental illness’, many of whom are considered as having a (‘psychosocial’)disability under the Convention (depending on the meaning of terms such as ‘long-term’ and‘impairments’ as well as the capaciousness of the category of disabled persons implied throughthe use of ‘include’ in the definition above), legislation such as the Mental Health Act 1983(MHA) (amended in 2007) for England and Wales fails to comply with its principles and isdiscriminatory. The aim of this paper is to examine whether a law governing involuntarytreatment based on impaired decision-making capability (DMC) and applicable to all persons,previously well or unwell, and regardless of the cause of the loss of capability (whether due to‘mental illness’ or ‘physical illness’) would be consistent with the CRPD.Is the 'Fusion' Hypothesis a Cure for Discrimination?Elizabeth Dance, University of Manchester (elizabeth.dance@manchester.ac.uk)It is of great importance that the aims of legislation in this area must be the promotion of patientwelfare and dignity, and non-discrimination. The Fusion approach has been offered as a way ofensuring legislation complies with the promotion of non-discrimination and the recognition thatpeople with disabilities have the autonomy to make their own decisions, by developing aframework covering decision-making for all. With the introduction of the Convention on theRights of Persons with Disabilities (CRPD) the task before us is to determine how the CPRD,alongside ‘Fusion’, will affect mental health legislation and if it will ensure all patients are ableto enjoy their rights without discrimination and are given the opportunity to decide forthemselves. The introduction of capacity-based tests could be a way of ensuring people can maketheir own choices and will reduce discrimination. This paper will discuss the relevancy of suchtests, especially in light of Articles 12/14 of the CRPD and how the concepts they are based uponwill work in a fused mental health law. Overall, this paper aims to highlight the importance ofdiscussions surrounding discrimination and to offer a glance at how things may change in thefuture.39. Cultural Diversity and Mental HealthMeeting the Challenges of Management of Chronic Psychotic Illnesses in anInner City HospitalSeeth Vivek, Jamaica Hospital Medical Center, New York, USA (seethvivek@aol.com)97