The right to refuse: The Victorian Mental Health Act 2014 and the Convention on the Rights of Persons with Disabilities

Maylea, C and Hirsch, A 2017, 'The right to refuse: The Victorian Mental Health Act 2014 and the Convention on the Rights of Persons with Disabilities', Alternative Law Journal, vol. 42, no. 2, pp. 149-155.


Document type: Journal Article
Collection: Journal Articles

Title The right to refuse: The Victorian Mental Health Act 2014 and the Convention on the Rights of Persons with Disabilities
Author(s) Maylea, C
Hirsch, A
Year 2017
Journal name Alternative Law Journal
Volume number 42
Issue number 2
Start page 149
End page 155
Total pages 7
Publisher Sage Publications
Abstract This article considers how the Victorian Mental Health Act 2014 extinguishes the right of people with a mental illness to refuse treatment in light of the Convention on the Rights of Persons with Disabilities, which prohibits detention or compulsory treatment on the basis of a person's disability. Three possible resolutions of this inconsistency are proposed and considered: repealing the Mental Health Act 2014, de-linking disability from compulsory treatment, and maintaining legal capacity by supporting mental capacity.
Subject Human Rights Law
Mental Health
Social Work not elsewhere classified
Keyword(s) capacity
Convention on the Rights of Persons with Disabilities
Mental Health Act 2014
mental health law
DOI - identifier 10.1177/1037969X17710622
Copyright notice © The Author(s) 2017
ISSN 1037-969X
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