Petition Victorian Government to modify or repeal Mental Health Act in line with the CRPD

Petition Victorian Government to modify or repeal Mental Health Act in line with the CRPD

The issue

The Mental Health Act 2014 (Vic) ("MHA") breaches articles 5, 12, 13, 14, 15, 16, 17, 19 and 25 of the Convention on the Rights of Persons with Disabilities ("CRPD").  The treatment criteria for temporary treatment orders or treatment orders is listed under s 5 of the MHA, which discriminates persons with psychosocial disabilities, by only imposing involuntary, compulsory or coercive interventions against persons who have a "significant disturbance in mood, thought, perception or memory" (s 4(1) MHA), while allowing all other persons (i.e. persons with no disabilities, persons with other disabilities) to exercise their right to refuse with no impediment to this right.  Involuntary, compulsory or coercive interventions (e.g. psychiatric) violate the right to informed consent (art 25(d) CRPD), right to equality (art 5 CRPD), freedom from torture and ill-treatment, including unwanted scientific experimentation (art 15 CRPD), right to equal recognition before the law (art 12 CRPD), right to liberty and security and freedom from detention based on disability (art 14 CRPD), and the right to bodily integrity (art 17 CRPD).

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MindFreedom AustraliaPetition starter

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The issue

The Mental Health Act 2014 (Vic) ("MHA") breaches articles 5, 12, 13, 14, 15, 16, 17, 19 and 25 of the Convention on the Rights of Persons with Disabilities ("CRPD").  The treatment criteria for temporary treatment orders or treatment orders is listed under s 5 of the MHA, which discriminates persons with psychosocial disabilities, by only imposing involuntary, compulsory or coercive interventions against persons who have a "significant disturbance in mood, thought, perception or memory" (s 4(1) MHA), while allowing all other persons (i.e. persons with no disabilities, persons with other disabilities) to exercise their right to refuse with no impediment to this right.  Involuntary, compulsory or coercive interventions (e.g. psychiatric) violate the right to informed consent (art 25(d) CRPD), right to equality (art 5 CRPD), freedom from torture and ill-treatment, including unwanted scientific experimentation (art 15 CRPD), right to equal recognition before the law (art 12 CRPD), right to liberty and security and freedom from detention based on disability (art 14 CRPD), and the right to bodily integrity (art 17 CRPD).

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MindFreedom AustraliaPetition starter

The Decision Makers

James Merlino
Minister for Education, Victoria

Petition Updates