概括
精神错乱学说歧视有精神障碍的人. 这篇文章主张"残疾人权利公约" (CRPD) 的更全面的应用,以解决刑事司法系统中的系统性不公正问题.
科学领域:
- 法律研究 法律研究
- 残疾人权利残疾人权利
- 犯罪学 犯罪学
背景情况:
- 分析了"残疾人权利公约" (CRPD).
- 研究了精神错乱学说及其法律条款.
- 突出了法律框架内对精神残疾人的歧视.
研究的目的:
- 批判性地评估CRPD委员会对CRPD的应用.
- 确定心理残疾人在刑事司法系统中面临的歧视的根本原因.
- 倡导"儿童权利公约"的更全面的应用,以促进平等.
主要方法:
- 通过CRPD的镜头分析精神错乱学说.
- 对CRPD委员会关于歧视的调查结果的批评.
- 检查刑事司法中的"能力-责任"概念.
主要成果:
- 发现疯狂学说歧视有精神障碍的人.
- 儿童权利和人权公约委员会的分析被认为不足以解决不利因素的最终来源.
- 刑事司法系统的"能力-责任"概念将精神残疾的被告边缘化.
结论:
- 需要对CRPD进行更全面的应用.
- 儿童权利和人权公约可以提供挑战结构性不公正的工具.
- 对于精神残疾人来说,更大的平等需要在刑事司法系统内进行系统性变革.
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