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The position of the committee given in the guidelines on Article 14 appears to be completely untenable and fundamentally conflicts with the Article 10 right to
by jdietrich 7y ago
The position of the committee given in the guidelines on Article 14 appears to be completely untenable and fundamentally conflicts with the Article 10 right to life. Unless I have profoundly misunderstood their arguments, their position is that someone with a mental illness or intellectual disability may not be deprived of liberty on the basis of that illness or disability (or risks following from that illness or disability), ever, under any circumstances.
That interpretation would forbid the carer of someone with severe intellectual disabilities from stopping them if they tried to run into traffic. It would forbid a care home for people with severe dementia from preventing patients from wandering off, even if those patients are agitated, disoriented and non-verbal. It would forbid a paramedic from tackling someone who is distressed, delusional and trying to jump off a rooftop.
There is a perfectly legitimate argument to be had about the legitimacy of institutionalisation - even brief, time-limited institutionalisation - but these guidelines make a nonsense of the CPRD. It seems to me to be self-evident that some people lack the mental capacity to act in their own self-interests at least some of the time and would, left to their own devices, be at serious risk of death. I do not understand how the right to life and the absolute right to liberty can be compatible.