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Cited by 213Healthcare Decision-Making and RestraintsDisability Rights and RepresentationHealth, Medicine and Society

The DOI matches its Crossref record; 39 of the 39 references it cites were found in a registry or an index.

“Capacity”, “best interests”, “will and preferences” and the UN Convention on the Rights of Persons with Disabilities

Open access
Szmukler, George·2019·World Psychiatry
DOI 10.1002/wps.20584PMC PMC6313688
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Abstract

The United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) is the most up‐to‐date international legal instrument concerning the rights of persons with disabilities. Such persons are taken to include those with serious mental disorders. According to an authoritative interpretation of a crucial Article (Article 12 ‐ Equal recognition before the law) by the UN CRPD Committee, involuntary detention and treatment of people with mental health disabilities are prohibited under the Convention. Both conventional mental health law and “capacity‐based” law are deemed to violate the Convention. However, some other UN bodies are not in full agreement (for example, the UN Human Rights Committee and the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment), while others are less explicitly absolutist (for example, the Human Rights Council). Furthermore, strong criticisms of the position of the CRPD Committee have been mounted from a number of academic quarters. These criticisms center on whether the role of a person's ability to make a decision can be ignored, no matter the circumstances. Much of the above debate turns on the concept of “legal capacity” and the now often‐repeated precept that one must always respect the “will and preferences” of the person with a disability. However, “will and preferences” remains undefined. In this paper, I offer an analysis of “will and preferences” that can clarify interventions that may be acceptable or non‐acceptable under the terms of the UN Convention.

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Research works printed but not linked: 3

  1. United Nations, 2006, Convention on the Rights of Persons with Disabilities
  2. United Nations Working Group on Arbitrary Detention. Guideline 20 ‐ Specific measures for persons with disabilities. In: Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of His or Her Liberty by Arrest or Detention to Bring Proceedings Before Court. A/HRC/30/37. 2015:23‐5.
  3. Martin W, 2015, Achieving CRPD compliance: an Essex autonomy project position paper

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Metadata

Authors
Szmukler, G.
Affiliations
King's College London (GB)
Corresponding author
Szmukler, George
ORCID
Szmukler, George
Venue
World Psychiatry
Publisher
Wiley
Published
2019-01-02
Volume
18
Issue
1
Pages
34-41
ISSN
  • 1723-8617 (ISSN-L)
  • 2051-5545
DOI
10.1002/wps.20584
PMC
PMC6313688
OpenAlex
W2908382073
Cited by
213
References
39
Citations by year
2026: 13 · 2025: 28 · 2024: 24 · 2023: 21 · 2022: 23 · 2021: 53 · 2020: 24 · 2019: 27
FWCI
37.08
Type
journal article
Language
en
Open access
Licence
onlinelibrary.wiley.com/termsAndConditions#vor (vor)
Locations
  • World Psychiatry (publishedVersion)
  • Europe PMC (PubMed Central) (publishedVersion)
  • PubMed Central (publishedVersion)
  • PubMed (publishedVersion)
  • Research Portal (King's College London) (submittedVersion)
Topics
  • Social Sciences › Psychology › Clinical Psychology › Healthcare Decision-Making and Restraints
  • Social Sciences › Sociology and Political Science › Disability Rights and Representation
  • Health Sciences › Health Professions › General Health Professions › Health, Medicine and Society
Keywords
Convention on the Rights of Persons with Disabilities, legal capacity, best interests, mental health law, involuntary detention, involuntary treatment, severe mental illness, Article 12 CRPD, UN Human Rights Committee, UN Human Rights Council, decision-making capacity, disability rights

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