Mental Health, Law, and Creating Inclusive Workplaces

Abstract

A growing body of research has drawn attention to the high levels of disadvantage encountered by people with mental health problems in the labour market. This takes a variety of forms, including higher rates of unemployment and sickness absence, as well as individual experiences of discrimination often linked to the stigmatization of mental illness. This article explores the role that law can play in creating inclusive workplaces. It reflects on the values that should guide legal intervention, taking its inspiration from the UN Convention on the Rights of Persons with Disabilities and the principles found in capabilities theory. Drawing upon both, the article contends that law can be galvanized to make a more effective contribution, in particular through greater emphasis on the role for positive action and the rights of persons with disabilities to individual and collective participation.