This book delineates the scope of permissible compulsory mental
health interventions under the Convention on the Rights of Persons
with Disabilities (CRPD). The initial impetus for this study was
provided by a conflict between two competing positions within the
current debate over the future of coercive psychiatry. According to
one position, defended by the CRPD Committee, among others,
compulsory mental health care necessarily violates the prohibition
of discrimination. According to the competing position, supported
by the vast majority of states, compulsion is sometimes necessary
to protect health and life and, if coupled with appropriate legal
safeguards, it is lawful under such circumstances. This book
disputes both positions and argues that the scope of permissible
compulsory care can be identified using proportionality reasoning.
Drawing on the work of Robert Alexy, it develops a framework for
proportionality assessments within the context of
non-discrimination. The framework can assist decision-makers to
design principled and evidence-based mental health care regimes.
This book thus provides a new way forward for states parties
looking to reform their mental health care regimes and to improve
compliance with the CRPD. It will appeal to academics and
practitioners engaged in mental health reform in the post-CRPD era.
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