Mental capacity in the shadow of suicide: What can the law do?

Abstract

AbstractIn a society where suicide is lawful how should we respond to a life-threatening treatment refusal by someone whose decision-making might be affected by a mental disorder? In considering this question this article examines the three established concepts currently employed by the law to analyse such cases: mental capacity, best interests and mental disorder. It then considers whether a supported decision-making model based on a notion of universal capacity, such as that espoused by the Convention on the Rights of Persons with Disabilities, might alleviate some of the dilemmas arising from the application of the traditional legal concepts.