title: A Fine Balance: Reconsidering Patient Autonomy in Light of the UN Convention on the Rights of Persons with Disabilities.
abstract: The Convention on the Rights of Persons with Disabilities is increasingly seen as driving a paradigm shift in mental health law, particularly in relation to the understanding that it requires a shift from substituted to supported decisions. This article identifies two competing moral commitments implied by this shift, both of which appeal to the notion of autonomy. It is argued that because of these commitments the Convention is in tension with more general calls in the medical ethics literature for preserving patient autonomy through support. The competing commitments within the Convention also present a particular challenge in putting the support it requires into practice. A discursive control account of freedom is used to develop some practical guidelines for navigating this new moral territory.
authors.forename: Jillian
authors.initials: J
authors.lastname: Craigie
mesh_terms: D003657:Decision Making; D003661:Decision Support Techniques; D006233:Persons with Disabilities; D005610:Freedom; D006806:Human Rights; D006801:Humans; D016743:Mental Competency; D001523:Mental Disorders; D008603:Mental Health / Q000331:legislation & jurisprudence*; D026684:Personal Autonomy; D019989:Persons with Intellectual Disabilities; D014480:United Nations; D014481:United States
keywords: UN Convention on the Rights of Persons with Disabilities; mental capacity; mental disability; patient autonomy; psychiatry; supported decision-making; undue influence