The United Nations convention on the rights of persons with disabilities and mental health in Australia

This thesis examines whether or not current Australian mental health legislation complies with the Convention on the Rights of Persons with Disabilities (the CRPD) which Australia ratified on 17 July 2008. It analyses the meaning of specific provisions of the CRPD that are most relevant to persons with psychosocial disabilities. It assesses whether mental health legislation should be abolished or reformed. It argues that Australian mental health acts conflict with the CRPD and should be abolished. Given Australia's interpretative declaration on ratifying the CRPD that the CRPD allows for the involuntary detention and treatment of persons with mental disabilities, it is unlikely that mental health legislation will be abolished in Australian jurisdictions. However, this thesis argues that the CRPD provides a new and tangible normative framework for the reform of mental health laws and this thesis sets out the steps that need to be taken to ensure that persons with psychosocial disabilities have equal standing in society and are protected from being subject to differential treatment in law and practice. The legislation in this thesis is as at 1 July 2011.