(2017) 23 International Journal of Mental Health and Capacity Law 2
2 Pages Posted: 22 Jan 2018
Date Written: October 01, 2017
This is the editorial introducing issue 23 of the International Journal of Mental Health and Capacity Law.
The intersection of mental health and mental capacity laws is at the heart of Emma Cave and Jacinta Tan’s article, ‘Severe and Enduring Anorexia Nervosa in the Court of Protection in England and Wales’. The effects of the UN Convention on the Rights of Persons with Disabilities continue to extend across several jurisdictions. Katerina Kazou considers the definition of disability in the CRPD in her article, ‘Analysing the Definition of Disability in the UN Convention on the Rights of Persons with Disabilities: Is it Really Based on a “Social Model” Approach?’ In his article ‘Negotiating Relationality: Mental Capacity as Narrative Congruence’, David Gibson argues that the concept of capacity that emerges from the Mental Capacity Act (2005) is conceptually flawed and places practitioners in an impossible situation regarding its application. In his article, ‘Some Continental European Perspectives on Safeguards in the Case of Deprivation of Liberty in Health and Social Care Settings’, Walter Boente addresses a dearth of comparative academic literature on deprivation of liberty in health and care settings across Europe.
Keywords: Mental Health Law, Mental Capacity Law
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