The UN Convention on the Rights of Persons with Disabilities and its Impact on Mental Health Law and Policy in Canada

Law and Mind: Mental Health Law and Policy in Canada (May 2016)

28 Pages Posted: 21 Nov 2017

See all articles by Steven Hoffman

Steven Hoffman

York University; Harvard University

Lathika Sritharan

University of Ottawa - Global Strategy Lab

Ali Tejpar

University of Ottawa, Common Law Section, Students; Carleton University, Norman Paterson School of International Affairs, Students

Date Written: May 12, 2016

Abstract

• Adopted on December 13, 2006, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has made history as the first human rights treaty of the 21st century and the fastest ever negotiated.

• The CRPD has facilitated a shift in the paradigm of physical and psychosocial disabilities from the traditional medical model of disability to a rights-based social model focused on inclusion, equality, and autonomy.

• Canada’s Reservations to Article 12 of the CRPD (equal recognition before the law) does not align with the UN CRPD Committee’s insistence on the sole use of supported decision-making regimes for persons with disabilities deemed to lack capacity.

• Thus far, while the CRPD remains explicitly inconspicuous in Canadian policy and law, its broader shift in the social and cultural paradigm of disability will likely result in further changes to the practice of medicine to enhance the inclusion and equality rights of persons with disabilities such as improved access to medical treatment and increased personal autonomy through supported decision-making regimes, etc.

Keywords: Global health; International Law; Canada; Mental Health; Disability Rights

JEL Classification: F50; F53; F55; I14; I15; I18; K33; K32

Suggested Citation

Hoffman, Steven and Sritharan, Lathika and Tejpar, Ali, The UN Convention on the Rights of Persons with Disabilities and its Impact on Mental Health Law and Policy in Canada (May 12, 2016). Law and Mind: Mental Health Law and Policy in Canada (May 2016). Available at SSRN: https://ssrn.com/abstract=3073354

Steven Hoffman

York University ( email )

Global Strategy Lab
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
+1-416-736-2100 ext 33364 (Phone)

HOME PAGE: http://www.globalstrategylab.org/people/steven-hoffman

Harvard University ( email )

Department of Global Health & Population
665 Huntington Avenue, Building 1, Room 1104
Boston, MA 02115
United States

HOME PAGE: http://www.hsph.harvard.edu/steven-hoffman/

Lathika Sritharan

University of Ottawa - Global Strategy Lab

57 Louis Pasteur Street
Ottawa
Canada

Ali Tejpar (Contact Author)

University of Ottawa, Common Law Section, Students ( email )

Ottawa, Ontario
Canada

Carleton University, Norman Paterson School of International Affairs, Students ( email )

1125 Colonel By Drive
Ottawa
Canada

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