Psychiatric Injury and the UN Convention on the Rights of Persons with Disabilities



Fanning, John ORCID: 0000-0001-5371-0207
(2022) Psychiatric Injury and the UN Convention on the Rights of Persons with Disabilities. Journal of Law and Society.

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Abstract

The rules by which a claimant establishes whether a defendant owed her/him a duty of care vary depending on the type of injury she/he has suffered. In cases involving physical injuries, the rules are relatively straightforward; in psychiatric injury cases, the claimant must go to greater lengths to establish a duty. It is therefore harder for claimants with psychiatric injuries to recover damages from the careless defendants who wronged them. This discriminatory effect has long been a subject of criticism. This paper employs the United Nations Convention on the Rights of Persons with Disabilities (CRPD) to add another voice to the critical chorus. The CRPD, which the UK has ratified, prohibits discrimination on the basis of psychosocial disability; that is, mental impairment. Since the special rules are engaged by, and applicable to, such disabilities, the law of negligence conflicts with the CRPD. This paper concludes that the CRPD strengthens the case for reform.

Item Type: Article
Divisions: Faculty of Humanities and Social Sciences > School of Law and Social Justice
Depositing User: Symplectic Admin
Date Deposited: 03 Sep 2021 10:37
Last Modified: 05 Sep 2021 00:11
URI: https://livrepository.liverpool.ac.uk/id/eprint/3135739