Compulsory Mental Health Interventions and the CRPD

Compulsory Mental Health Interventions and the CRPD
Author: Anna Nilsson
Publisher: Bloomsbury Publishing
Total Pages: 199
Release: 2021-02-25
Genre: Law
ISBN: 1509931570

The Convention's approach to mental health care -- Putting mental health laws to the test -- Proportionality reasoning -- Proportionality and non-discrimination.

Compulsory Mental Health Interventions and the CRPD

Compulsory Mental Health Interventions and the CRPD
Author: Anna Nilsson
Publisher: Bloomsbury Publishing
Total Pages: 200
Release: 2021-02-25
Genre: Law
ISBN: 1509931597

This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes and to improve compliance with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era.

Coercive Care

Coercive Care
Author: Bernadette Mcsherry
Publisher: Routledge
Total Pages: 367
Release: 2013-06-26
Genre: Law
ISBN: 1135016577

There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.

The UN Convention on the Rights of Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities
Author: Ilias Bantekas
Publisher: Oxford University Press
Total Pages: 1377
Release: 2018-10-25
Genre: Law
ISBN: 0192538683

This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.

A New Era for Mental Health Law and Policy

A New Era for Mental Health Law and Policy
Author: Piers Gooding
Publisher: Cambridge University Press
Total Pages: 297
Release: 2017-10-13
Genre: Law
ISBN: 1107140749

International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.

India’s Mental Healthcare Act, 2017

India’s Mental Healthcare Act, 2017
Author: Richard M. Duffy
Publisher: Springer Nature
Total Pages: 296
Release: 2020-05-18
Genre: Medical
ISBN: 9811550093

This book comprehensively discusses the background to the passing of India's revolutionary Mental Healthcare Act, 2017, offering a detailed description of the Act itself and a rigorous analysis in the context of the CRPD and the World Health Organization (WHO) standards for mental health law. It examines the fine balance, between complying with the CRPD while still delivering practical, humane, and implementable legislation. It explores how this legislation was shaped by the WHO standards and provides insights into areas where the Indian legislators deviated from these guidelines and why. Taking India as an example, it highlights what is possible in other low- and middle-income countries. Further it covers key issues in mental health, identifying potential competing interests and exploring the difficulties and limitations of international guidelines. The book is a valuable resource for psychiatrists, nurses, social workers, non-governmental organizations and all mental healthcare workers in India and anyone studying human rights law.

Mental Health Atlas 2017

Mental Health Atlas 2017
Author: World Health Organization
Publisher: World Health Organization
Total Pages: 72
Release: 2018-08-09
Genre: Medical
ISBN: 9241514019

Collects together data compiled from 177 World Health Organization Member States/Countries on mental health care. Coverage includes policies, plans and laws for mental health, human and financial resources available, what types of facilities providing care, and mental health programmes for prevention and promotion.

Advances in Psychiatry

Advances in Psychiatry
Author: Afzal Javed
Publisher: Springer
Total Pages: 729
Release: 2018-07-06
Genre: Medical
ISBN: 3319705547

This book is the newest edition on the series ‘advances in psychiatry’. The previous 3 volumes can be found online at http://www.wpanet.org/detail.php?section_id=10&content_id=660 . They were highly successful in covering a broad area of psychiatry from different perspectives and angles and by reflecting both specialized but also international and global approaches. This series have guaranteed quality therefore can be used by different scientific groups for teaching and learning and also as a means for fast dissemination of advanced research and transformation of research findings into the everyday clinical practice.

The Development of Disability Rights Under International Law

The Development of Disability Rights Under International Law
Author: Arlene S. Kanter
Publisher: Routledge
Total Pages: 360
Release: 2014-11-27
Genre: Law
ISBN: 1134444664

The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.

Coercion in Community Mental Health Care

Coercion in Community Mental Health Care
Author: Andrew Molodynski
Publisher: Oxford University Press
Total Pages: 369
Release: 2016
Genre: Medical
ISBN: 0198788061

The use of coercion is one of the defining issues of mental health care. Since the earliest attempts to contain and treat the mentally ill, power imbalances have been evident and a cause of controversy. There has always been a delicate balance between respecting autonomy and ensuring that those who most need treatment and support are provided with it. Coercion in Community Mental Health Care: International Perspectives is an essential guide to the current coercive practices worldwide, both those founded in law and those 'informal' processes whose coerciveness remains contested. It does so from a variety of perspectives, drawing on diverse disciplines such as history, law, sociology, anthropology and medicine to provide a comprehensive summary of the current debates in the field. Edited by leading researchers in the field, Coercion in Community Mental Health Care: International Perspectives provides a unique discussion of this prominent issue in mental health. Divided into five sections covering origins and extent, evidence, experiences, context and international perspectives this is ideal for mental health practitioners, social scientists, ethicists and legal professionals wishing to expand their knowledge of the subject area.