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Institutionalized Forensic Patients in China: A Perspective of Criminal Procedure

Mental health professionals do not accommodate any support to enable a patient to exercise his/her legal capacity, though the general comment on Article 12 by the CRPD committee requires it. Currently some Japanese psychiatrists insist that the CRPD is not applied to psychiatry, because psychiatry does not treat a person with mental disabilities, but a person with mental illness or disorders. They try to avoid being bound by the CRPD. However their interpretation is wrong, because a person with a mental illness or disorder can be included into ‘‘persons with disabilities’’ since the preamble of the CRPD provides that ‘‘disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers.’’ If the CRPD does not cover this field, its historical significance will be lost. There is a huge discrepancy between reality and the CRPD in Japan, mostly in the field of offenders with psychosocial disabilities. This trend derives from and is intensified by distorted social recognition and a non-reflective way of thinking on persons with psychosocial disabilities, as Michael Perlin pointed out specifically. Those are sanism, heuristics, pretextuality, and ordinary common sense. It is extremely critical for persons with psychosocial disabilities and their advocates to utilize the CRPD to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.