Journal article

Regulating seclusion and restraint in health care settings: The promise of the Convention on the Rights of Persons with Disabilities

Bernadette McSherry

INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY | PERGAMON-ELSEVIER SCIENCE LTD | Published : 2017

Abstract

This article focuses on how a human rights framework challenges the use of seclusion and restraint as a necessary evil. Using Australia as an example of a country which has endeavoured in recent years to reduce seclusion and at least some forms of restraint in health care settings, it examines the relevant Articles set out in the Convention on the Rights of Persons with Disabilities (CRPD) and how they may be used to drive reforms. It is argued that because seclusion and restraint can lead to adverse consequences, they fall within the ambit of Article 16's focus on the prevention of all forms of exploitation, violence and abuse. Further, because persons with mental or intellectual impairment..

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University of Melbourne Researchers