Regulating seclusion and restraint in health care settings: The promise of the Convention on the Rights of Persons with Disabilities
INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY | PERGAMON-ELSEVIER SCIENCE LTD | Published : 2017
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..View full abstract
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Awarded by Australian Research Council
This article was written as part of a discovery project funded by the Australian Research Council (DP160100679) entitled Model Laws to Regulate the Use of Restraint on Persons with Disabilities. The author would like to thank Andrew Butler for his research assistance.