The United Kingdom signed the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) in 2009. The Convention is not yet part of English law in the sense that individuals can rely upon the rights that it contains before English courts. However, the UK has undertaken to bring English law into compliance with the CRPD. The UN body that has responsibility for monitoring the UNCRPD, the Committee on the Rights of Persons with Disabilities (‘Committee’) has made clear that it considers that, to do so, the UK must repeal legislation (i.e. the Mental Health Act 1983 and Mental Capacity Act 2005) that allow for involuntary treatment and detention of persons with disabilities on the basis of actual or perceived impairment.
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