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Exceptions and Exclusions: The Right to Informed Consent for Medical Treatment of People with Psychosocial Disabilities in Europe

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Exceptions and Exclusions: The Right to Informed Consent for Medical Treatment of People with Psychosocial Disabilities in Europe. / Waddington, Lisa; McSherry, Bernadette.

In: European Journal of Health Law, Vol. 23, No. 3, 2016, p. 279 – 304.

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@article{a92b012b123a4cf4a903c3b24f600135,
title = "Exceptions and Exclusions: The Right to Informed Consent for Medical Treatment of People with Psychosocial Disabilities in Europe",
abstract = "This article examines the relevant international law relating to informed consent to treatment for individuals with psychosocial disabilities and reflects on the protection offered in this respect by the European Convention on Human Rights (ECHR) and the Council of Europe Convention on Human Rights and Biomedicine. The article argues that while the UN Convention on the Rights of Persons with Disabilities is beginning to influence case law of the European Court of Human Rights, only 'weak' protection has been afforded to people with psychosocial disabilities by the ECHR and the Court in relation to informed consent for medical treatment.",
keywords = "CAPACITY, CONVENTION, Convention on the Rights of Persons with Disabilities, DECISION-MAKING, European Convention on Human Rights (ECHR), MENTAL-HEALTH LAWS, SUPPORT, human rights, informed consent, legal capacity, medical treatment, psychosocial disabilities",
author = "Lisa Waddington and Bernadette McSherry",
year = "2016",
doi = "10.1163/15718093-12341389",
language = "English",
volume = "23",
pages = "279 – 304",
journal = "European Journal of Health Law",
issn = "0929-0273",
publisher = "Martinus Nijhoff Publishers",
number = "3",

}

RIS

TY - JOUR

T1 - Exceptions and Exclusions: The Right to Informed Consent for Medical Treatment of People with Psychosocial Disabilities in Europe

AU - Waddington, Lisa

AU - McSherry, Bernadette

PY - 2016

Y1 - 2016

N2 - This article examines the relevant international law relating to informed consent to treatment for individuals with psychosocial disabilities and reflects on the protection offered in this respect by the European Convention on Human Rights (ECHR) and the Council of Europe Convention on Human Rights and Biomedicine. The article argues that while the UN Convention on the Rights of Persons with Disabilities is beginning to influence case law of the European Court of Human Rights, only 'weak' protection has been afforded to people with psychosocial disabilities by the ECHR and the Court in relation to informed consent for medical treatment.

AB - This article examines the relevant international law relating to informed consent to treatment for individuals with psychosocial disabilities and reflects on the protection offered in this respect by the European Convention on Human Rights (ECHR) and the Council of Europe Convention on Human Rights and Biomedicine. The article argues that while the UN Convention on the Rights of Persons with Disabilities is beginning to influence case law of the European Court of Human Rights, only 'weak' protection has been afforded to people with psychosocial disabilities by the ECHR and the Court in relation to informed consent for medical treatment.

KW - CAPACITY

KW - CONVENTION

KW - Convention on the Rights of Persons with Disabilities

KW - DECISION-MAKING

KW - European Convention on Human Rights (ECHR)

KW - MENTAL-HEALTH LAWS

KW - SUPPORT

KW - human rights

KW - informed consent

KW - legal capacity

KW - medical treatment

KW - psychosocial disabilities

U2 - 10.1163/15718093-12341389

DO - 10.1163/15718093-12341389

M3 - Article

VL - 23

SP - 279

EP - 304

JO - European Journal of Health Law

T2 - European Journal of Health Law

JF - European Journal of Health Law

SN - 0929-0273

IS - 3

ER -