The right to refuse: The Victorian Mental Health Act 2014 and the Convention on the Rights of Persons with Disabilities

Chris Maylea, Asher Hirsch

Research output: Contribution to journalArticleResearchpeer-review

4 Citations (Scopus)

Abstract

This article considers how the Victorian Mental Health Act 2014 extinguishes the right of people with a mental illness to refuse treatment in light of the Convention on the Rights of Persons with Disabilities, which prohibits detention or compulsory treatment on the basis of a person’s disability. Three possible resolutions of this inconsistency are proposed and considered: repealing the Mental Health Act 2014, de-linking disability from compulsory treatment, and maintaining legal capacity by supporting mental capacity.

Original languageEnglish
Pages (from-to)149-155
Number of pages7
JournalAlternative Law Journal
Volume42
Issue number2
DOIs
Publication statusPublished - 1 Jun 2017

Keywords

  • capacity
  • Convention on the Rights of Persons with Disabilities
  • Mental Health Act 2014
  • mental health law

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