title: Does "supported decision-making" in India's Mental Health Care Bill, 2013, measure up to the CRPD's standards?
abstract: The Convention on the Rights of Persons with Disabilities (CRPD) requires States to replace their mental health laws based on substitute decision-making for persons with mental health issues with laws based on the supported decision-making paradigm. However, the exact scope of the CRPD's mandates is currently under debate, especially in the case of persons with very high support needs. The Mental Health Care Bill, 2013, introduces supported decision-making in India in the form of advance directives and nominated representatives. This article discusses how far the Bill measures up to the CRPD's standards and highlights some of the difficulties when the support needs of the person are very high.
authors.affiliation: Ph D student, VU University, Amsterdam, The Netherlands, and Centre for Mental Health Law And Policy, ILS Law College, Chiplunkar road, Pune 411 004, India,. mukul@cmhlp.org.
authors.forename: Mukul
authors.initials: M
authors.lastname: Inamdar
authors.affiliation: Co-founder and Executive Director, The Harvard Law School Project on Disability, Harvard Law School, 1515 Massachusetts Avenue, Austin Hall 305, Cambridge, MA 02138 USA and Faculty of Law, Center for Human Rights, University of Pretoria, South Africa,. mastein@law.harvard.edu.
authors.forename: Michael Ashley
authors.initials: MA
authors.lastname: Stein
authors.affiliation: Coordinator of Science and Society Studies for the Faculty of Health and Life Sciences, Athena Institute, Faculty of Earth and Life Sciences, VU University Amsterdam, The Netherlands, and Vrije Universiteit, Amsterdam, The Netherlands,. j.g.f.bunders-aelen@vu.nl.
authors.forename: Joske
authors.initials: J
authors.lastname: Bunders
mesh_terms: D016223:Advance Directives / Q000941:ethics / Q000331:legislation & jurisprudence*; D003657:Decision Making; D003695:Delivery of Health Care / Q000941:ethics*; D006233:Persons with Disabilities; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D007194:India; D007883:Legislation, Medical / Q000592:standards*; D008603:Mental Health; D008605:Mental Health Services / Q000941:ethics*; D014480:United Nations