Best Interests, Mental Capacity Legislation and the UN Convention on the Rights of Persons with Disabilities Brendan D
BJPsych Advances (2015), vol. 21, 188–195 doi: 10.1192/apt.bp.114.012922 ARTICLE Best interests, mental capacity legislation and the UN Convention on the Rights of Persons with Disabilities Brendan D. Kelly Brendan D. Kelly is Associate interests in England, Wales, Scotland, Northern Clinical Professor of Psychiatry SUMMARY Ireland and Ireland, and explores these differing at University College Dublin and ‘Best interests’ is a key principle of the Mental a consultant psychiatrist at the conceptualisations in the context of the United Mater Misericordiae University Capacity Act 2005 (England and Wales), Mental Nations (UN) Convention on the Rights of Persons Hospital, Dublin. In addition to his Capacity Bill (2014) (Northern Ireland) and Mental with Disabilities (CRPD). medical degree, he holds doctorates Health Act 2001 (Ireland), although there are cur in medicine (MD), history (PhD), rently proposals to remove ‘best interests’ from governance (DGov) and law (PhD). Irish legislation. Legislation in Scotland refers to Mental capacity and best interests Correspondence Professor ‘benefit’ resulting from interventions. Judicious How is mental capacity defined in law? Brendan D. Kelly, Associate Clinical use of ‘best interests’, in line with guidelines that Professor of Psychiatry, Department The principle of best interests is commonly prioritise the person’s autonomy, will and prefer of Adult Psychiatry, UCD School invoked in relation to mental capacity legislation, of Medicine and Medical Science, ences, is a powerful way to promote the values and University College Dublin, Mater rights that underpin the United Nations Convention and Box 1 presents definitions of mental incapac- Misericordiae University Hospital, on the Rights of Persons with Disabilities and to ity from legislation in England, Wales, Scotland, 62/63 Eccles Street, Dublin 7, safeguard the dignity of individuals with mental Northern Ireland and Ireland, based on the Ireland.
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