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Portrait of Anna Nilsson. Photo.

Anna Nilsson

Associate senior lecturer

Portrait of Anna Nilsson. Photo.

Unlocking the impact of the CRPD on Swedish mental health law

Author

  • Anna Nilsson

Summary, in English

The Convention on the Rights of Persons with Disabilities (CRPD) sets out a new vision for mental health care with equality and self-determination as its core standards. The CRPD fundamentally challenges long-standing practices in Sweden including the use of involuntary hospitalization, treatment without consent, and the use of restraints. This article discusses the impact of this new vision on Swedish mental health law and policy. An examination of mental health law inquiries from 2008 to 2023 reveals a notable lack of attention from policymakers towards the CRPD. Nevertheless, the Convention has emerged as a vital advocacy instrument for disability organizations and others opposing proposals that seek to broaden doctors' authority to employ coercion. In addition, the many efforts undertaken to reduce the use of coercion and to enhance the involvement of individuals with psychosocial disabilities in policy development align seamlessly with the principles of the Convention. This article concludes with a reflection on why the CRPD has not assumed a more prominent role in shaping mental health law in Sweden and calls on the government to seriously consider the CRPD’s call for equality.

Department/s

  • Department of Law
  • Health Law
  • Human Rights Law
  • Public International Law
  • LU Profile Area: Human rights
  • Law and Vulnerabilities

Publishing year

2024

Language

English

Publication/Series

International Journal of Law and Psychiatry

Volume

93

Document type

Journal article

Publisher

Elsevier

Topic

  • Law (excluding Law and Society)

Keywords

  • CRPD
  • mental health
  • policy development
  • implementation of human rights

Status

Published

Research group

  • Health Law
  • Human Rights Law
  • Public International Law
  • Law and Vulnerabilities

ISBN/ISSN/Other

  • ISSN: 0160-2527