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The Royal College of Psychiatrists Improving the lives of people with mental illness

Interim response from Mary Nettle, member of RCPsych Service User Recovery Forum


 

Article 12

Interim response from Mary Nettle, member of RCPsych Service User Recovery Forum

Article 12 is a key article in the United Nations Convention on the Rights of People with Disabilities (UNCRPD) which has been signed and ratified by the UK & the EU and may give an answer.

 

Article 12 Equal Recognition before the law states the following:

 

  1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
  2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
  3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.

 

Supported decision making enables Article 12 to be implemented, whilst in my view shared decision making does not. This is because shared decision making assumes a level playing field in all decision making and this is not the case in most mental health services.

 

 

 

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