| Autor: |
Pachnik, Cezary, Rotuski, Grzegorz |
| Předmět: |
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| Zdroj: |
Journal of Human Rights Practice; Nov2021, Vol. 13 Issue 3, p654-668, 15p |
| Abstrakt: |
In this article the authors discuss the rights of one of the most vulnerable groups during a time of limited access to ordinary healthcare resulting from the COVID pandemic, namely, those with schizophrenia-spectrum disorders (PSSDs). In the first part, the authors investigate international human rights law to highlight the most relevant rights and their legal basis. The authors conclude that the most significant are: the right to freedom of discrimination; the right to mental health care; the right to rehabilitation; the right to the least intrusive treatment based on the will of the disabled person; the prohibition of discriminatory denial of healthcare; and the right to be treated like other ill persons. In the second part of the article, the authors review the circumstances resulting from the COVID pandemic and attempt to propose solutions for the conflict between the rights of PSSDs and the obligation of the state. The conclusion of this legal investigation is that because of the 'state-capability' model of obligations indicated by CRPD, the most relevant for PSSDs rights is the principle of non-discrimination because of disability. This principle cannot be limited or derogated. On the other hand, this research indicates that the right to autonomous will of the PSSD patient has been the least respected during the current pandemic. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
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