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Insanity, Disability and Responsibility: Rethinking Autonomy to Challenge Structural Inequality.

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    The insanity doctrine discriminates against individuals with mental disabilities. This article argues for a more comprehensive application of the Convention on the Rights of Persons with Disabilities (CRPD) to address systemic injustices in the criminal justice system.

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    Area of Science:

    • Legal Studies
    • Disability Rights
    • Criminology

    Background:

    • The Convention on the Rights of Persons with Disabilities (CRPD) is analyzed.
    • The insanity doctrine and its legal dispositions are examined.
    • Discrimination against individuals with mental disabilities within legal frameworks is highlighted.

    Purpose of the Study:

    • To critically evaluate the application of the CRPD by the CRPD Committee.
    • To identify the root causes of discrimination faced by mentally disabled individuals in the criminal justice system.
    • To advocate for a more holistic application of the CRPD to promote equality.

    Main Methods:

    • Analysis of the insanity doctrine through the lens of the CRPD.
    • Critique of the CRPD Committee's findings on discrimination.
    • Examination of the concept of 'capacity-responsibility' in criminal justice.

    Main Results:

    • The insanity doctrine is found to discriminate against people with mental disabilities.
    • The CRPD Committee's analysis is deemed insufficient to address the ultimate source of disadvantage.
    • The criminal justice system's 'capacity-responsibility' notion marginalizes mentally disabled defendants.

    Conclusions:

    • A more holistic application of the CRPD is necessary.
    • The CRPD can provide tools to challenge structural injustices.
    • Greater equality for people with mental disabilities requires systemic change within the criminal justice system.