DISCUSSION PAPER: DEPRIVATION OF LIBERTY, CHESHIRE WEST AND THE CRPD

This paper discusses whether there may be room in which to revisit Cheshire West to capture (in a principled fashion) what appears to be an instinctive difference between:

a. the position of a person who is confined, cannot consent to that confinement, but where there appears to be no element of coercion or the deployment of measures against their will;

b. the position of person who is confined, cannot consent to that confinement, but is subject to coercion.

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