Defining Dignity and its Application to Australian Mental Health Legislation

Abstract

The Convention on the Rights of Persons with Disabilities (‘CRPD’) has shaped the evolution of mental health legislation and policy so that people with a mental illness can participate in society ‘on an equal basis with others’ and as ‘equal members’. This article will define dignity through a human rights discourse as it applies to the context of mental health legislation in Australia, in order to promote and support the human rights and autonomy of people with psychosocial disabilities. Applying the concept of dignity as an overarching principle, as it is in the CRPD, will help individuals with a mental illness exercise their capabilities in a way that protects their human rights and minimises stigma and
discrimination.