Building on areas of agreement in the United Nations’ Convention on the Rights of Persons with Disabilities: the right to ‘habilitation and rehabilitation’ for mental illness

Brendan D. Kelly

Chapter 8 in Research Handbook on Human Rights Law and Health, 2025, pp 181-195 from Edward Elgar Publishing

Abstract: The United Nations’ Convention on the Rights of Persons with Disabilities (CRPD) stimulated considerable discussion in relation to mental health legislation. Much attention focused on Articles 12 (‘Equal recognition before the law’) and 14 (‘Liberty and security of person’). While these merit ongoing consideration, this has led to the ‘Geneva impasse’, whereby some argue that admission and treatment without consent are incompatible with human rights, while others argue that they protect rights. This chapter notes this dilemma and suggests that the wording of the CRPD will not provide a solution. It is useful to broaden the focus to areas of the CRPD which are widely agreed but relatively ignored. Article 26 concerns ‘Habilitation and rehabilitation’ and holds the potential to improve the lives of many people with disabilities and mental illness. This chapter focuses on Article 26, including the potential roles of ‘assistive devices and technologies’ in an era of artificial intelligence.

Keywords: Human rights; United Nations; Mental illness; Rehabilitation; Artificial intelligence (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803928029
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