*CRPD Article 14
See also OHCHR report on mental health and human rights
Working Group on Arbitrary Detention Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of His or Her Liberty to Bring Proceedings Before a Court and version with footnotes
Prohibition of disability-based detention and forced treatment:
*One or more of the following:
Additional resources: Survivor testimonies and other writings for Absolute Prohibition Campaign
Alternatives to Suicide, see webinar by Western Mass Recovery Learning Community
*One of the following:
Minkowitz, Some Thoughts on Insanity Defense (blog post)
One or more videos from ERC Voices workshop on Criminal Responsibility
Additional resources: Restorative Justice
Approaches to liberty that do not comply with CRPD:
George Szmukler et al., Mental Health Law and CRPD (Fusion proposal to merge mental health legislation and capacity legislation)
Christopher Slobogin, Eliminating Mental Disability as a Legal Criterion in Deprivation of Liberty Cases (Proposal for ‘disability-neutral’ preventive detention)
Spring 2017 materials:
1-2 page reflection paper on any of the following:
What would need to be done to change the laws in your jurisdiction to prohibit mental health commitment and forced treatment?
What do you think are ‘difficult issues’ to work out conceptually or practically in implementing a prohibition of commitment and forced treatment? How might these issues be resolved consistently with the letter and spirit of the CRPD? (Make sure to consider General Comment No. 1 and Guidelines on Article 14.)
Discuss the proposals of Szmukler and Slobogin in light of the CRPD. You can refer to Articles 5, 12, and 14 (among others), and please consider General Comment No. 1 and Guidelines on Article 14.
Consider how other factors such as sex, race, class, being indigenous, etc., as well as actual or perceived disability, affect our relationship to the state and social authorities, our expectations of safety and deprivation of liberty (for example, sexual assault crimes, racial profiling). How should these issues be taken into account in implementing Article 14?
How promising is restorative justice as an alternative approach to criminal responsibility? Does it (or can it) solve the problems of inequality?
(c) Tina Minkowitz 2017