Richards, Jane Alexandra (2024) Insanity, Disability and Responsibility:Rethinking Autonomy to Challenge Structural Inequality. Oxford Journal of Legal Studies. gqae020. ISSN 0143-6503
Abstract
The Convention on the Rights of Persons with Disabilities (CRPD) operates as a lens of analysis to show that the insanity doctrine and its dispositions discriminate against the category of people with mental disabilities to whom the defence applies. However, while identifying the discrimination perpetuated by the insanity doctrine, this article argues that the CRPD Committee has failed to uncover the ultimate source of disadvantage of which the doctrine is merely symptomatic. Instead, it is argued that the criminal justice system entrenches a notion of ‘capacity-responsibility’ which situates the mentally disabled defendant as the ‘other’. In an attempt to challenge this embedded structural injustice, the article thus calls on the CRPD Committee for a more holistic application of the CRPD, to provide the tools to challenge that will move towards greater equality for people with mental disabilities.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) 2024 |
Keywords: | Insanity,disability,Criminal Responsibility,Autonomy,CRPD |
Dates: |
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Institution: | The University of York |
Academic Units: | The University of York > Faculty of Social Sciences (York) > The York Law School |
Depositing User: | Pure (York) |
Date Deposited: | 04 Jul 2024 13:10 |
Last Modified: | 02 Apr 2025 23:27 |
Published Version: | https://doi.org/10.1093/ojls/gqae020 |
Status: | Published online |
Refereed: | Yes |
Identification Number: | 10.1093/ojls/gqae020 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:214456 |
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Description: Insanity, Disability and Responsibility: Rethinking Autonomy to Challenge Structural Inequality
Licence: CC-BY 2.5