The U nited N ations C onvention on the R ights of P ersons with D isabilities and M ental H ealth L aw

The U nited N ations C onvention on the R ights of P ersons with D isabilities ( CRPD ) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of E nglish mental health and mental capacity law. The CRPD introduces a new paradigm into international disability law, relying on the social model of disability. While that is no doubt a good thing, there is as yet no clear sense as to how that is to be implemented. After providing an introduction to the C onvention, the paper considers four specific areas: mental capacity law (focussing on the provisions of the M ental C apacity A ct 2005), psychiatric treatment without consent, civil detention of people with mental disabilities, and mental disability in the criminal system (fitness to plead, insanity and diminished responsibility).