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Abstract from

Supported Decision-Making and the Achievement of Non-Discrimination: The Promise and Paradox of the Disabilities Convention

Penny Weller is a postdoctoral research fellow in the Faculty of Law, Monash University, Australia.

This article argues that the Convention on the Rights of Persons with Disabilities has the potential to limit involuntary medical treatment through requiring the development of genuine processes of supported decision-making in health care. It argues that the emphasis on non-discrimination in the CRPD envisages supported decision-making processes in health as central to the effective operation of non-discriminatory environments and the achievement of full social participation. Advance directives are posited as a practical method of formalising consumer participation in medical decisions in ways that take account of varying mental health conditions and the specific institutional contexts in which mental health treatment is provided.

(2008) 26 No 2 Law in Context 85

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