Literature DB >> 33735651

Coercive interventions under the new Dutch mental health law: Towards a CRPD-compliant law?

Nikita V Alexandrov1, Natalie Schuck2.   

Abstract

The Netherlands became State Party to the United Nation Convention on the Rights of Persons with Disabilities (CRPD) in 2016, a treaty that holds great promise for promoting and protecting human rights of persons with mental disorders. Yet, the Dutch government also made explicit reservations to the Convention. On 1 January 2020, the Netherlands introduced a new mental health law, the Compulsory Mental Health Care Act (CMHCA), which aims to strengthen the legal status of persons with psychiatric illnesses. To which extent does the new Dutch mental health law comply with the regulations as outlined in the CRPD? In this article, we examine how coercive interventions, specifically the elements of competence, involuntary treatment and involuntary admission are regulated in the domestic legislation and compare them to the CRPD approach. A normative analysis combined with literature review helps to understand the law, reveal the gaps and uncover the barriers that remain. Is there a need to reassess the domestic legal provisions allowing for coercive treatment, and if so, what advancements are required? After all, should the CRPD be strictly adhered to at all times?
Copyright © 2021 The Author(s). Published by Elsevier Ltd.. All rights reserved.

Entities:  

Keywords:  CRPD; Capacity; Coercive interventions; Mental health legislation; Psychiatric coercion

Year:  2021        PMID: 33735651     DOI: 10.1016/j.ijlp.2021.101685

Source DB:  PubMed          Journal:  Int J Law Psychiatry        ISSN: 0160-2527


  1 in total

1.  The Compulsory Care Act: Early Observations and Expectations of In- or Outpatient Involuntary Treatment.

Authors:  Stephan Gemsa; Eric O Noorthoorn; Peter Lepping; Hein A de Haan; Andre I Wierdsma; Giel J M Hutschemaekers
Journal:  Front Psychiatry       Date:  2022-02-08       Impact factor: 4.157

  1 in total

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