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The United Nations Convention on the Rights of Persons with Disabilities and Social Work: Evidence for Impact?

Author

Listed:
  • Pearse McCusker

    (School of Social and Political Science, The University of Edinburgh, Edinburgh EH8 9LD, UK)

  • Lauren Gillespie

    (School of Social and Political Science, The University of Edinburgh, Edinburgh EH8 9LD, UK
    Advanced Care Research Centre, The University of Edinburgh, Edinburgh EH16 4UX, UK)

  • Gavin Davidson

    (School of Social Sciences Education and Social Work, Faculty of Arts, Humanities and Social Sciences, Queens University Belfast, Belfast BT7 1NN, UK)

  • Sarah Vicary

    (School of Health Wellbeing and Social Care, Faculty of Wellbeing Education and Languages, The Open University, Walton Hall, Milton Keynes MK7 6AA, UK)

  • Kevin Stone

    (Centre for Lifelong Learning, The University of Warwick, Coventry CV4 7AL, UK)

Abstract

The United Nations Convention on the Rights of Persons with Disabilities (hereafter CRPD) has provided a radical imperative for the reform of mental health and capacity legislation around the world. The interpretation of the CRPD has been controversial, ranging from the complete abolition of detention, forcible treatment, and substitute decision-making to accepting that elements of these measures need to be retained based on non-discriminatory criteria, additional safeguards, and a comprehensive shift towards supported decision-making. While the potential effects of the CRPD on mental health social work and social work generally are considerable given their shared commitment towards social justice, to date there has been no review of research evidence exploring their relationship. In addressing this knowledge gap, this study held a preliminary discussion with practitioners and academics at the European Association of Social Work Mental Health Special Interest Group in Amsterdam 2022, followed by a scoping literature review on the question: What impact, if any, has the CRPD had on social work practice? The review produced four main findings: impact on legislation; positive impact on practice; limited impact on practice; and impact on social work education and research. In sum, while there were some positive indications of social work and mental health social work practice being influenced by the CRPD, these were scant. Barriers to change included tendencies among some social workers to practise substitute decision-making, in part related to resourcing and policy contexts, and understandings of disability aligned to individualised/medical rather than social perspectives. The results indicate that legal reform on its own is insufficient to impact social work practice, and that realising the potential of the CRPD will necessitate good quality training, as well as improving social workers’ knowledge of the human rights of people with mental impairment.

Suggested Citation

  • Pearse McCusker & Lauren Gillespie & Gavin Davidson & Sarah Vicary & Kevin Stone, 2023. "The United Nations Convention on the Rights of Persons with Disabilities and Social Work: Evidence for Impact?," IJERPH, MDPI, vol. 20(20), pages 1-18, October.
  • Handle: RePEc:gam:jijerp:v:20:y:2023:i:20:p:6927-:d:1260704
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    References listed on IDEAS

    as
    1. Laura E. Gómez & Asunción Monsalve & Mª Lucía Morán & Mª Ángeles Alcedo & Marco Lombardi & Robert L. Schalock, 2020. "Measurable Indicators of CRPD for People with Intellectual and Developmental Disabilities within the Quality of Life Framework," IJERPH, MDPI, vol. 17(14), pages 1-24, July.
    2. Kevin Stone & Pearse McCusker & Gavin Davidson & Sarah Vicary, 2021. "An Exploratory Survey of Mental Health Social Work in Europe," IJERPH, MDPI, vol. 18(19), pages 1-16, October.
    3. Krahn, G.L. & Walker, D.K. & Correa-De-Araujo, R., 2015. "Persons with disabilities as an unrecognized health disparity population," American Journal of Public Health, American Public Health Association, vol. 105, pages 198-206.
    4. Hisayo Katsui & Gulmira Kazakunova & Mina C. Mojtahedi, 2020. "Changing the paradigm of disability from stigma to equity in university social work education in Kyrgyzstan," Public Administration & Development, Blackwell Publishing, vol. 40(3), pages 179-185, August.
    5. Rosie Harding & Ezgi Taşcıoğlu, 2018. "Supported Decision-Making from Theory to Practice: Implementing the Right to Enjoy Legal Capacity," Societies, MDPI, vol. 8(2), pages 1-17, April.
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    Cited by:

    1. Cesar Ivan Aviles Gonzalez & Doris Marina Cerchiaro Fernandez & Martha Esther Guerra Munoz & Robert Romero Ramirez & Yessika Madelaine Abarca Arias & Maria Veronica Brasesco & Gian Mario Migliaccio & , 2024. "Mental Health Professionals’ Perception of Respect for Human Rights and Organizational Well-Being in Three Countries of South America," IJERPH, MDPI, vol. 21(2), pages 1-12, February.

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