Who's Talking About Us Without Us? A Survivor Research Interjection into an Academic Psychiatry Debate on Compulsory Community Treatment Orders in Ireland, 2019
This paper presents a user/survivor researcher perspective to the debate among psychiatrists on t... more This paper presents a user/survivor researcher perspective to the debate among psychiatrists on the suggested introduction of Community Treatment Orders in Ireland. Critical questions are raised about evidence and the construction of psychiatric knowledge. Important questions include: How is this evidence created? What and whose knowledge have not been considered? Some critical issues around coercion, ‘insight’, and attributions of ‘lack of capacity’ are briefly considered. Further legal considerations are then introduced based on the United Nations Convention on the Rights of Persons with Disability. The paper concludes with a human rights-based appeal to reject the introduction of coercive community treatment in Ireland.
Freedom to negotiate: a proposal extricating 'capacity' from 'consent', 2017
In this paper, we seek to radically reframe the legal construct of consent from a disability pers... more In this paper, we seek to radically reframe the legal construct of consent from a disability perspective. Drawing on feminist scholarship and human rights standards around free and informed consent', we apply a concept of freedom to negotiate to laws regulating both consent to sex and medical treatment - key areas in which the legal agency of people with disabilities (especially people with cognitive disabilities) is routinely denied, restricted or ignored. We set out the essential ingredients for reframing consent: namely, legal personhood, freedom to negotiate and understanding. We also outline conditions (i.e. coercion, undue influence and power imbalances) that impede valid consent. This represents a first attempt to move beyond labelling adults with certain disabilities as lacking the mental capacity' necessary to give valid consent - in order to explore in more depth particular expressions of consent or refusal and seek new validity criteria, beyond the label of mental incapacity'.
Who's Talking About Us Without Us? A Survivor Research Interjection into an Academic Psychiatry Debate on Compulsory Community Treatment Orders in Ireland, 2019
This paper presents a user/survivor researcher perspective to the debate among psychiatrists on t... more This paper presents a user/survivor researcher perspective to the debate among psychiatrists on the suggested introduction of Community Treatment Orders in Ireland. Critical questions are raised about evidence and the construction of psychiatric knowledge. Important questions include: How is this evidence created? What and whose knowledge have not been considered? Some critical issues around coercion, ‘insight’, and attributions of ‘lack of capacity’ are briefly considered. Further legal considerations are then introduced based on the United Nations Convention on the Rights of Persons with Disability. The paper concludes with a human rights-based appeal to reject the introduction of coercive community treatment in Ireland.
Freedom to negotiate: a proposal extricating 'capacity' from 'consent', 2017
In this paper, we seek to radically reframe the legal construct of consent from a disability pers... more In this paper, we seek to radically reframe the legal construct of consent from a disability perspective. Drawing on feminist scholarship and human rights standards around free and informed consent', we apply a concept of freedom to negotiate to laws regulating both consent to sex and medical treatment - key areas in which the legal agency of people with disabilities (especially people with cognitive disabilities) is routinely denied, restricted or ignored. We set out the essential ingredients for reframing consent: namely, legal personhood, freedom to negotiate and understanding. We also outline conditions (i.e. coercion, undue influence and power imbalances) that impede valid consent. This represents a first attempt to move beyond labelling adults with certain disabilities as lacking the mental capacity' necessary to give valid consent - in order to explore in more depth particular expressions of consent or refusal and seek new validity criteria, beyond the label of mental incapacity'.
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Papers by Liz Brosnan