The right to refuse: The Victorian Mental Health Act 2014 and the Convention on the Rights of Persons with Disabilities. (June 2017)

• Record Type: Journal Article
• Authors: Maylea, Chris; Hirsch, Asher
• Is Part Of: Alternative law journal. Volume 42:Number 2(2017)
• Page Start: 149
• Page End: 155
• Publication Date: 2017-06
• Subjects: Mental Health Act 2014 -- Convention on the Rights of Persons with Disabilities -- mental health law -- capacity; Law -- Australia -- Periodicals; Law -- Social aspects -- Australia -- Periodicals; Law reform -- Australia -- Periodicals; 349.94
• DOI: 10.1177/1037969X17710622
• Languages: English
• ISSNs: 1037-969X

Abstract

This article considers how the Victorian Mental Health Act 2014 extinguishes the right of people with a mental illness to refuse treatment in light of the Convention on the Rights of Persons with Disabilities, which prohibits detention or compulsory treatment on the basis of a person's disability. Three possible resolutions of this inconsistency are proposed and considered: repealing the Mental Health Act 2014, de-linking disability from compulsory treatment, and maintaining legal capacity by supporting mental capacity.