[Decision making and the future of mental capacity. Steps towards an uncertain future within the context of CRPD]

Background  Mental capacity, the criterion used today to determine who can make decisions independently, is under pressure from the United Nations Convention on the Rights of Persons with Disabilities. Aim  To outline the prevailing view, the view of the UN Convention and a middle ground. To formulate steps to apply the spirit of the UN Convention today. Method  Essay starting from the most relevant international human rights sources within the United Nations and the Council of Europe, supplemented by secondary literature on these sources. Results  The UN Convention abandons mental capacity as the criterion to determine whether a patient can make decisions autonomously. At the same time, it rejects any form of coercion applied directly or indirectly because of mental illness. Conclusion  The UN Convention does not offer a clear alternative, so the future is uncertain. Nevertheless, the important principles of the UN Convention should not be forgotten; they can already be implemented today by being aware of the role of human rights in mental health care, by placing the quality of decision-making at the center and by making less and more conscious use of coercion.