Martin, Wayne and Gurbai, Sándor (2019) Surveying the Geneva impasse: Coercive care and human rights. International Journal of Law and Psychiatry, 64. pp. 117-128. DOI https://doi.org/10.1016/j.ijlp.2019.03.001
Martin, Wayne and Gurbai, Sándor (2019) Surveying the Geneva impasse: Coercive care and human rights. International Journal of Law and Psychiatry, 64. pp. 117-128. DOI https://doi.org/10.1016/j.ijlp.2019.03.001
Martin, Wayne and Gurbai, Sándor (2019) Surveying the Geneva impasse: Coercive care and human rights. International Journal of Law and Psychiatry, 64. pp. 117-128. DOI https://doi.org/10.1016/j.ijlp.2019.03.001
Abstract
The United Nations human rights system has in recent years been divided on the question as to whether coercive care interventions, including coercive psychiatric care, can ever be justified under UN human rights standards. Some within the UN human rights community hold that coercive care can comply with human rights standards, provided that the coercive intervention is a necessary and proportionate means to achieve certain approved aims, and that appropriate legal safeguards are in place. Others have held that coercive care is never justified. Disagreement over this issue has produced an impasse in the UN human rights system. We survey the impasse with particular attention to the legal arguments that inform the divergent positions. In doing so we introduce a distinction among a variety of different ‘abolitionist’ positions regarding coercive care, and draw a distinction between ‘non-consensual’ and ‘coercive’ treatment. We conclude with three proposals for moving beyond the current impasse.
Item Type: | Article |
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Uncontrolled Keywords: | Human Rights; Mental Health; Consent; Psychiatric Coercion; Psychiatric Detention; Coercive Treatment |
Subjects: | B Philosophy. Psychology. Religion > B Philosophy (General) R Medicine > RA Public aspects of medicine > RA790 Mental Health |
Divisions: | Faculty of Arts and Humanities Faculty of Arts and Humanities > Essex Law School Faculty of Arts and Humanities > Philosophical, Historical and Interdisciplinary Studies, School of |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 22 Mar 2019 10:10 |
Last Modified: | 30 Oct 2024 16:49 |
URI: | http://repository.essex.ac.uk/id/eprint/24213 |
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