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Cited by 2Healthcare Decision-Making and RestraintsDisability Rights and RepresentationHealth, Medicine and Society

The Potential of the Legal Capacity Law Reform in Peru to Transform Mental Health Provision

Encalada, Alberto Vásquez·2021·Mental Health, Legal Capacity, and Human Rights
DOI 10.1017/9781108979016.011
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Abstract

In 2018, Peru achieved a milestone reform in the recognition of the right to legal capacity of persons with disabilities. As a result, the Peruvian legal system abolished disability-related guardianship and restrictions to the legal capacity of persons with disabilities, and introduced different regimes for supported decision-making. Following this reform, Peru adopted in 2019 a new Mental Health Act aimed to strengthen the mental health care reform in progress and to ensure a rights-based approach in mental health provision. Against this background, this chapter explores the impact of Peruvian legal capacity law reform on the new regulatory and policy framework concerning mental health and its potential to end all forms of coercion. In particular, the chapter identifies the legal capacity reform as a key precursor to the rights-based approach to disability in mental health provision and highlights the role of the disability rights movement and civil society in driving forward these unprecedented advances.

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Crossref · 10.1017/9781108979016.011

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23 of 23 references verified0 citation errors · 0 not checkable

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  • The CRPD and the CRPD Committee's jurisprudence have been received with incredulity and contempt from part of the dominant psychiatric community.

    “This is confirmed by the fact that 'the CRPD and CRPD Committee's jurisprudence have been received with incredulity and contempt from part of the [dominant] psychiatric community' (Vásquez Encalada, 2021, p. 137).”

    From Challenging Involuntary Treatment and Confinement in Canada Through the United Nations Convention on the Rights of Persons with Disabilities (CRPD) (2024) · cites this paper as Vásquez Encalada, 2021

  • There is a growing movement to end all forms of coercion in mental health services, consistent with rising evidence that community-based crisis services can deliver the desired outcomes in assisting people during crisis situations.

    “Alberto Vásquez Encalada, an internationally known Peruvian lawyer, disability activist and person with lived psychosocial experience tells us that there is a growing movement to 'end all forms of coercion in mental health services, which is consistent with rising evidence showing that communitybased crisis services can deliver the desired outcomes in assisting people during crisis”

    From Challenging Involuntary Treatment and Confinement in Canada Through the United Nations Convention on the Rights of Persons with Disabilities (CRPD) (2024) · cites this paper as Vásquez Encalada, 2021

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Authors
Encalada, A. V.
Corresponding author
Encalada, Alberto Vásquez
ORCID
Encalada, Alberto Vásquez
Venue
Mental Health, Legal Capacity, and Human Rights
Publisher
Cambridge University Press
Published
2021-08-31
Pages
124-139
DOI
10.1017/9781108979016.011
OpenAlex
W3193486159
Cited by
2
References
23
Citations by year
2026: 1 · 2021: 1
FWCI
2.04
Type
book chapter
Language
en
Open access
closed
Licence
www.cambridge.org/core/terms (unspecified)
Locations
Cambridge University Press eBooks (publishedVersion)
Topics
  • Social Sciences › Psychology › Clinical Psychology › Healthcare Decision-Making and Restraints
  • Social Sciences › Safety Research › Disability Rights and Representation
  • Health Sciences › Health Professions › General Health Professions › Health, Medicine and Society
Keywords
people with disabilities, mental health law, supported decision-making, coercion in mental health care, rights-based approach, disability rights movement, civil society, Peru

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