Abstract
Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPWD) mentions the legal capability of mentally ill patient, which states that the state parties will make legislation to provide legal capacity to the persons with disability. Although Pakistan has signed the treaty, but the mental health laws of Pakistan are not in agreement on the legal capacity of a disabled person. This paper discusses the legal capability and Article 12 of CRPWD, to examine the possibilities under which the disabled person can utilize his/her legal rights. Second part demarcate the legal capacity and criminal liability. It is essential to mention that mental health patient in some cases cannot be charged for his criminal offence. A qualitative method of research is followed, which helped the researcher in the analysis of available data regarding legal capacity. It is observed that mental health laws of Pakistan need to be updated. The work recommends that article 12 of the CRPWD should be incorporated in the legislation regarding mental health patients.
Keyword(s)
Mentally Ill Patient, responsibility, Criminal, Legal Capacity, CRPWD