Rethinking Rights Based Mental Health Laws
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| Author | : Bernadette McSherry |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 464 |
| Release | : 2010-08-16 |
| Genre | : Law |
| ISBN | : 1847315968 |
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
| Author | : Bernadette McSherry |
| Publisher | : |
| Total Pages | : 430 |
| Release | : 2010 |
| Genre | : Electronic books |
| ISBN | : 9781474200714 |
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresse.
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| Publisher | : |
| Total Pages | : |
| Release | : 2010 |
| Genre | : |
| ISBN | : |
| Author | : Brendan D. Kelly |
| Publisher | : Routledge |
| Total Pages | : 269 |
| Release | : 2016-03-09 |
| Genre | : Medical |
| ISBN | : 1317150570 |
This book explores the human rights consequences of recent and ongoing revisions of mental health legislation in England and Ireland. Presenting a critical discussion of the World Health Organization's 'Checklist on Mental Health Legislation' from its Resource Book on Mental Health, Human Rights and Legislation, the author uses this checklist as a frame-work for analysis to examine the extent to which mental health legislation complies with the WHO human rights standards. The author also examines recent case-law from the European Court of Human Rights, and looks in depth at the implications of the United Nations Convention on the Rights of Persons with Disabilities for mental health law in England and Ireland. Focusing on dignity, human rights and mental health law, the work sets out to determine to what extent, if any, human rights concerns have influenced recent revisions of mental health legislation, and to what extent recent developments in mental health law have assisted in protecting and promoting the human rights of the mentally ill. The author seeks to articulate better, clearer and more connected ways to protect and promote the rights of the mentally ill though both law and policy.
| Author | : Michael L. Perlin |
| Publisher | : Routledge |
| Total Pages | : 234 |
| Release | : 2016-03-16 |
| Genre | : Law |
| ISBN | : 1317187059 |
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.
| Author | : Kay Wilson |
| Publisher | : Oxford University Press |
| Total Pages | : 256 |
| Release | : 2021-06-08 |
| Genre | : Law |
| ISBN | : 0192654950 |
The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.
| Author | : Michael Ashley Stein |
| Publisher | : Cambridge University Press |
| Total Pages | : 451 |
| Release | : 2021-09-02 |
| Genre | : Law |
| ISBN | : 1108986382 |
Since adoption of the Convention on the Rights of Persons with Disabilities and the interpretive General Comment 1, the topic of legal capacity in mental health settings has generated considerable debate in disciplines ranging from law and psychiatry to public health and public policy. With over 180 countries having ratified the Convention, the shifts required in law and clinical practice need to be informed by interdisciplinary and contextually relevant research as well as the views of stakeholders. With an equal emphasis on the Global North and Global South, this volume offers a comprehensive, interdisciplinary analysis of legal capacity in the realm of mental health. Integrating rigorous academic research with perspectives from people with psychosocial disabilities and their caregivers, the authors provide a holistic overview of pertinent issues and suggest avenues for reform.
| 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.
| Author | : Felicity Callard |
| Publisher | : John Wiley & Sons |
| Total Pages | : 349 |
| Release | : 2012-03-30 |
| Genre | : Medical |
| ISBN | : 1119945828 |
This book describes clearly how legislation can be used to advance the rights and entitlements of people with mental health problems. Straightforward and practical, it provides useful information on how to address disabilities so these people may enjoy full citizenship. It presents the key issues succinctly and illustrates these with legislative examples from around the world. This book documents the role that law can play, at all levels, in combating such discrimination and abuse.
| Author | : Natalie Abrokwa |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : Human rights |
| ISBN | : 9781839703607 |
"The COVID-19 pandemic has made mental health a global priority. Despite the increasing recognition of the significance of mental health, there are still questions about how existing human rights laws can be understood and used to fully promote and protect people's mental health. The objective of this study is to advance the right to mental health. To achieve this, the study brings together (1) the components of mental health stipulated in the highest attainable standard of health norm, and (2) other unique and interdependent human rights that are relevant to mental health, and integrates them into an extensive "right to mental health" framework. Additionally, pertinent legal challenges are discussed and the influence of tradition on issues related to mental health is highlighted. The book demonstrates that the existing right to the highest attainable standard of health is inadequate to fully promote and protect the right to mental health, particularly regarding access to quality mental healthcare. Relevant additional human rights in the Convention on the Rights of Persons with Disabilities are examined to address these shortcomings. Furthermore, Ghana and Germany's country studies offer practical solutions for the controversies surrounding involuntary interventions in emergency situations and decision-making support in cases of mental incapacity. In conclusion, recommendations are provided to international, regional and national actors to inform law and policies on the right to mental health within a comprehensive and meaningful human rights structure."--Page 4 of cover.
