Article On Advance Directives in the UN CRPD

 Fiona E. Morrissey (National University of Ireland, Galway) recently published an article entitled, The Introduction of Advance Directives in the UN CRPD Era: The Views of Irish Service Users and Consultant Psychiatrists. Provided below is an abstract of the article:

The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) requires us to engage in new approaches to mental health decision-making and to develop a range of support strategies. Advance directives (ADs) are considered to be appropriate measures for supporting legal capacity by enabling individuals to clearly state their ‘will and preferences’ in a legal document and to appoint a trusted person to communicate these wishes. This article examines the issues arising in relation to the introduction of ADs from the perspective of 111 Irish service users1 and 100 consultant psychiatrists. The aim of the empirical study was to determine the views of service users and consultant psychiatrists towards the introduction of ADs and the extent they will be supported in Ireland. This was achieved by examining the views and preferences of both stakeholder groups, and the perceived benefits and barriers to implementation. The empirical study was the first national survey exploring the introduction of ADs for mental health decisions in Ireland. The survey found broad support for ADs among Irish stakeholders, but varying implementation preferences. Ireland currently lacks a legislative framework for ADs, but it is proposed to incorporate them into new capacity legislation in the near future. This is viewed as a key step towards Irish ratification of the UN CRPD. The article makes recommendations for the introduction and implementation of an appropriate legal framework for ADs in Ireland and other jurisdictions in the UN CRPD era.