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      Reversing hard won victories in the name of human rights: a critique of the General Comment on Article 12 of the UN Convention on the Rights of Persons with Disabilities.

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          Abstract

          The UN Convention on the Rights of Persons with Disabilities (CRPD) is a major milestone in safeguarding the rights of persons with disabilities. However, the General Comment on Article 12 of the CRPD threatens to undermine critical rights for persons with mental disabilities, including the enjoyment of the highest attainable standard of health, access to justice, the right to liberty, and the right to life. Stigma and discrimination might also increase. Much hinges on the Committee on the Rights of Persons with Disabilities' view that all persons have legal capacity at all times irrespective of mental status, and hence involuntary admission and treatment, substitute decision-making, and diversion from the criminal justice system are deemed indefensible. The General Comment requires urgent consideration with the full participation of practitioners and a broad range of user and family groups.

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          Author and article information

          Journal
          Lancet Psychiatry
          The lancet. Psychiatry
          2215-0374
          2215-0366
          Sep 2015
          : 2
          : 9
          Affiliations
          [1 ] National Department of Health, Pretoria, South Africa; University of the Witwatersrand, Johannesburg, South Africa. Electronic address: Freemm@health.gov.za.
          [2 ] Massachusetts General Hospital, Boston, MA, USA.
          [3 ] Faculdade de Ciências Médicas, Universidade Nova de Lisboa, Lisbon, Portugal.
          [4 ] Harvard Medical School, Harvard University, Boston, MA, USA.
          [5 ] Ilia State University, Tbilisi, Georgia.
          [6 ] National Department of Health, Pretoria, South Africa.
          [7 ] Centre for Global Mental Health, Institute of Psychiatry, Psychology and Neuroscience, Kings College London, London, UK.
          Article
          S2215-0366(15)00218-7
          10.1016/S2215-0366(15)00218-7
          26236004
          144bc21c-cc8f-4287-a216-e731041f6143
          Copyright © 2015 Elsevier Ltd. All rights reserved.
          History

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