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      Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland

      Laws

      MDPI AG

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          Most cited references 23

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          Human Rights and Capabilities

           Amartya Sen (2005)
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            Out of Darkness into Light? Introducing the Convention on the Rights of Persons with Disabilities

             R. Kayess,  P. French (2008)
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              Fusion of mental health and incapacity legislation.

              The enactment of a single legislative scheme governing nonconsensual treatment of both 'physical' and 'mental' illnesses, based on incapacity principles, has been mooted in recent law reform debates in the UK. We propose a framework for such legislation and consider in more detail the provisions it should contain. The design of legislation that combines the strengths of both incapacity and civil commitment schemes can be readily imagined, based on the criteria for intervention in England and Wales found in the Mental Capacity Act 2005. Such legislation would reduce unjustified legal discrimination against mentally disordered persons and apply consistent ethical principles across medical law.
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                Author and article information

                Journal
                Laws
                Laws
                MDPI AG
                2075-471X
                September 2018
                June 29 2018
                : 7
                : 3
                : 26
                Article
                10.3390/laws7030026
                © 2018
                Product
                Self URI (article page): http://www.mdpi.com/2075-471X/7/3/26

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