Mental health law and the UN Convention on the rights of persons with disabilities

People with a mental illness may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD), depending on definitions of terms such as ‘impairment’, ‘long-term’ and the capaciousness of the word ‘includes’ in the Convention's characterisation of persons with disabilities. Particularly challenging under the CRPD is the scope, if any, for involuntary treatment.     

Human rights of persons with mental disabilities. The European Convention of Human Rights

It is not necessary to recount the numerous charters and declarations ... to understand human rights.... All persons are born free and equal in dignity and rights. Everyone ... is entitled to all the rights and freedoms set forth in the international human rights instruments without discrimination, such as the rights to life, liberty, security of the person, privacy, health, education, work, social security, and to marry and found a family. Yet, violations of human rights are a reality to be found in every corner of the globe.     

The United Nations Convention on the rights of persons with disabilities

The United Nations Convention on the Rights of Persons with Disabilities, which came into force on 3 May 2008, marks the culmination of over five years of negotiations between States Parties and non-governmental organisations as to what constitute the human rights of and governmental obligations to individuals with disabilities. It differs from other Conventions in that, while it still sets out general rights, it also details the steps that should be taken to ensure equality of treatment. This column provides a general overview of the Convention, focusing in particular on Art 25 which sets out the right to health and Australia's obligations under the Convention.     

An examination of drunken driving law reform

Most states have recently altered legislation in response to the problem of drunken driving. Reforms are generally aimed at enhancing criminal justice response to offenders. This research examines the outcomes corollary to new drunken-driving legislation in one Michigan jurisdiction. Pre- and post-reform data are analyzed with significant difference tests in order to assess whether or not the objectives of increasing arrests, convictions, and sanctions for drunken drivers materialized through implementation. Overall, results indicated the partial realization of reform goals. Concluding considerations offer interpretations, along with recommendations for continued progress in impacting upon the problem of drunken driving. Gratitude is expressed to the Faculty Research Creativity Support Fund at Western Michigan University for supporting this research.     

An examination of the questioning styles of police officers and caregivers when interviewing children with intellectual disabilities

Purpose. This research provided a detailed analysis of the types of questions and verbal strategies used by police officers and caregivers when interviewing children with intellectual disabilities about events. Method. Twenty eight children aged 9 to 13 years with a mild or moderate intellectual disability participated in a staged event at their school. Each child was then interviewed on separate occasions by the child's primary caregiver and by a police officer who was authorized to conduct investigative interviews with children. Results. While the approach used by the police officers was broadly consistent with best‐practice recommendations (i.e. their interviews contained few leading, coercive or negative strategies), they frequently interrupted the child's account and used relatively few minimal encouragers and other strategies designed to keep the child talking. The caregivers used a high proportion of direct, leading and coercive strategies to elicit information from their children. Even when caregivers used open‐ended questions, their children provided less event‐related information than they did to the police interviewers. Conclusion. The quality of evidence obtained from children with intellectual disabilities is likely to be dependent (albeit in part) on the degree to which police interviewers adhere to best‐practice guidelines, as well as the children's general experience with an open‐ended style of communication.     

An examination of the New York mandatory seat belt law on a university campus

On January 1, 1985, the mandatory seat belt law went into effect in New York State; violators were now subject to a fine of $50.00. Police officers issued nonpenalty-based warnings during the month prior to the law's imposition. The purpose of the present study was to compare the effects of the warning versus the fine and a fine-plus-prompt condition (the prompt delivered by the experimenters) on seat belt use on a university campus. Results indicated that significantly more drivers used their sear belts during the fine conditions as compared with the warning condition and that significantly more female drivers used their seat belt during all conditions. A significant difference was not found, however, between the fine and fine-plus-prompt conditions.We gratefully acknowledge the comments of Michael Leippe on an earlier draft of this manuseript.     

The semblance of autonomy: treatment of persons with disabilities under the Uniform Health-Care Decisions Act

This Article illuminates the dangers of the Uniform Health-Care Decisions Act, which provides a set of model rules designed to clarify and expedite end-of-life health-care decisionmaking for incapacitated patients. The uniform commissioners and many scholars who have commented on the Act have touted the legislation as a model for defending patient autonomy. As this Article will reveal, the impression of autonomy is an illusion. In fact, the Act privileges the perspectives of the able-bodied over those of persons with disabilities, endangers the autonomy of incapacitated patients, and empowers proxy decisionmakers who have incentives to terminate treatment. These risks have become all the more significant with the rise of managed-care programs that create pressures to minimize care. After highlighting the serious risks to vulnerable patients under the Uniform Health-Care Decisions Act, the Article offers alternative rules and stronger safeguards to better protect patient autonomy and defend against wrongful health-care decisions. This Article urges states seeking improved end-of-life health-care procedures to codify these or similar protections in order to avoid the lethal shortcomings of the Uniform Health-Care Decisions Act.     

Making non-discriminatory fitness-for-duty decisions about persons with disabilities under the Rehabilitation Act and the Americans with Disabilities Act

This article describes an assessment role performed by clinical psychologists in the employment context, and examines how it has been evaluated by the courts from the standpoint of discrimination against persons with disabilities. Guidelines are offered for making fitness-for-duty decisions which are legally defensible, and examples of the decision-making process are provided. Data-based limitations on professional expertise are articulated, and conclusions drawn are aimed at practicing psychologists and the courts dealing with these uncertainties. Issues are analyzed principally in courts dealing with these uncertainties. Issues are analyzed principally in relation to Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), which has been passed by both houses of Congress.