ABSTRACT

In this chapter, I seek to offer a Gewirthian justification of mental health rights. In particular, I will explore the interrelationship between two themes which feature within Gewirthian ethics and which are central to the human condition. The first of these is the inevitability of human vulnerability. The second of these is the significance of psychological well-being to successful agency. Justifying mental health rights is relevant both to the very idea of these rights as well as evaluating how specific iterations of these rights have been manifested in positive law. In this chapter, my focus will be on the former.