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The Rights of Persons with Disabilities Act 2016: Mental Health Implications

India's ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) necessitated the need for a rights-based, biopsychosocial model of disability, which was endorsed in the Rights of Persons with Disabilities (RPwD) Act, 2016. This article examines the Act,...

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Autores principales: Balakrishnan, Abhilash, Kulkarni, Karishma, Moirangthem, Sydney, Kumar, Channaveerachari Naveen, Math, Suresh Bada, Murthy, Pratima
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Wolters Kluwer - Medknow 2019
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6436405/
https://www.ncbi.nlm.nih.gov/pubmed/30983658
http://dx.doi.org/10.4103/IJPSYM.IJPSYM_364_18
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author Balakrishnan, Abhilash
Kulkarni, Karishma
Moirangthem, Sydney
Kumar, Channaveerachari Naveen
Math, Suresh Bada
Murthy, Pratima
author_facet Balakrishnan, Abhilash
Kulkarni, Karishma
Moirangthem, Sydney
Kumar, Channaveerachari Naveen
Math, Suresh Bada
Murthy, Pratima
author_sort Balakrishnan, Abhilash
collection PubMed
description India's ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) necessitated the need for a rights-based, biopsychosocial model of disability, which was endorsed in the Rights of Persons with Disabilities (RPwD) Act, 2016. This article examines the Act, its rules, and guidelines provided by the Government of India, from a mental health perspective, and compares it to its predecessor, the Persons with Disabilities (PwD) Act, 1995. The RPwD Act provides clearer definitions of various constructs, a greater focus on rights of PwD, and guidelines for assessment and certification of disabilities. There is, however, an underemphasis on mental illnesses in the reservation and legal decision making, and a move toward centralizing the process of disability certification. Also, there is a lack of clarity about screening instruments to be used, resource allocation to implement the provisions, and the guidelines for inclusive education. This article suggests recommendations that could strengthen some of these provisions.
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spelling pubmed-64364052019-04-12 The Rights of Persons with Disabilities Act 2016: Mental Health Implications Balakrishnan, Abhilash Kulkarni, Karishma Moirangthem, Sydney Kumar, Channaveerachari Naveen Math, Suresh Bada Murthy, Pratima Indian J Psychol Med Review Article India's ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) necessitated the need for a rights-based, biopsychosocial model of disability, which was endorsed in the Rights of Persons with Disabilities (RPwD) Act, 2016. This article examines the Act, its rules, and guidelines provided by the Government of India, from a mental health perspective, and compares it to its predecessor, the Persons with Disabilities (PwD) Act, 1995. The RPwD Act provides clearer definitions of various constructs, a greater focus on rights of PwD, and guidelines for assessment and certification of disabilities. There is, however, an underemphasis on mental illnesses in the reservation and legal decision making, and a move toward centralizing the process of disability certification. Also, there is a lack of clarity about screening instruments to be used, resource allocation to implement the provisions, and the guidelines for inclusive education. This article suggests recommendations that could strengthen some of these provisions. Wolters Kluwer - Medknow 2019 /pmc/articles/PMC6436405/ /pubmed/30983658 http://dx.doi.org/10.4103/IJPSYM.IJPSYM_364_18 Text en Copyright: © 2019 Indian Psychiatric Society - South Zonal Branch http://creativecommons.org/licenses/by-nc-sa/4.0 This is an open access journal, and articles are distributed under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License, which allows others to remix, tweak, and build upon the work non-commercially, as long as appropriate credit is given and the new creations are licensed under the identical terms.
spellingShingle Review Article
Balakrishnan, Abhilash
Kulkarni, Karishma
Moirangthem, Sydney
Kumar, Channaveerachari Naveen
Math, Suresh Bada
Murthy, Pratima
The Rights of Persons with Disabilities Act 2016: Mental Health Implications
title The Rights of Persons with Disabilities Act 2016: Mental Health Implications
title_full The Rights of Persons with Disabilities Act 2016: Mental Health Implications
title_fullStr The Rights of Persons with Disabilities Act 2016: Mental Health Implications
title_full_unstemmed The Rights of Persons with Disabilities Act 2016: Mental Health Implications
title_short The Rights of Persons with Disabilities Act 2016: Mental Health Implications
title_sort rights of persons with disabilities act 2016: mental health implications
topic Review Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6436405/
https://www.ncbi.nlm.nih.gov/pubmed/30983658
http://dx.doi.org/10.4103/IJPSYM.IJPSYM_364_18
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