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Feb 25, 2022
A New Era for Mental Health Law and Policy
Supported Decision-Making and the UN Convention on the Rights of Persons with Disabilities
Summary
This book cuts new ground by applying a human rights lens of analysis to domestic mental health laws. It makes a timely contribution into the discourse regarding mental health, supported decision-making and disability rights in the post CRPD era. In A New Era for Mental Health Law and Policy: Supported Decision-Making and the UN Convention on the Rights of Persons with Disabilities (Cambridge University Press, 2017) Research Fellow Dr Piers Gooding challenges law makers to bring domestic laws into compliance with the CRPD. At the same time, Gooding confronts the pragmatic concerns which continue to shape these same laws, such as the case where a person's mental impairment is perceived as a risk to self or others.
I had a great chat with Dr. Gooding in this hour; we spoke about arguments for and against coercive interventions, the right to and meaning of autonomy, tensions between rights based legalism and clinical governance, and more. We spoke about how domestic mental health laws have evolved since the 1980s, and especially since the introduction of the CRPD, and where to go from here.
Some of the scholarship mentioned in our conversation included that of Tina Minkowitz, John Fanning, and the collaborative work of Piers himself with Bernadette McSherry, Cath Roper, and Flick Grey.
Dr Piers Gooding is a Research Fellow at the Melbourne Social Equity Institute and Melbourne Law School. His work focuses on the law and politics of disability and mental health, with a special interest in issues of legal capacity, decision-making, technology, and human rights.
Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK