Does "supported decision-making" in India's Mental Health Care Bill, 2013, measure up to the CRPD's standards?
Journal: Indian journal of medical ethics
Volume: 1
Issue: 4
Year of Publication: 2017
Affiliated Institutions:
Ph D student, VU University, Amsterdam, The Netherlands, and Centre for Mental Health Law And Policy, ILS Law College, Chiplunkar road, Pune , India,. mukul@cmhlp.org.
Co-founder and Executive Director, The Harvard Law School Project on Disability, Harvard Law School, Massachusetts Avenue, Austin Hall , Cambridge, MA USA and Faculty of Law, Center for Human Rights, University of Pretoria, South Africa,. mastein@law.harvard.edu.
Coordinator of Science and Society Studies for the Faculty of Health and Life Sciences, Athena Institute, Faculty of Earth and Life Sciences, VU University Amsterdam, The Netherlands, and Vrije Universiteit, Amsterdam, The Netherlands,. j.g.f.bunders-aelen@vu.nl.
Abstract summary
The Convention on the Rights of Persons with Disabilities (CRPD) requires States to replace their mental health laws based on substitute decision-making for persons with mental health issues with laws based on the supported decision-making paradigm. However, the exact scope of the CRPD's mandates is currently under debate, especially in the case of persons with very high support needs. The Mental Health Care Bill, 2013, introduces supported decision-making in India in the form of advance directives and nominated representatives. This article discusses how far the Bill measures up to the CRPD's standards and highlights some of the difficulties when the support needs of the person are very high.
Authors & Co-authors:
Inamdar Mukul M
Stein Michael Ashley MA
Bunders Joske J
Study Outcome
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Statistics
Citations :
Authors :
3
Identifiers
Doi :
SSN :
0975-5691
Study Population
Male,Female
Mesh Terms
Advance Directives
Other Terms
Study Design
Case Study,Cross Sectional Study
Study Approach
Country of Study
Publication Country
India