Mental Health, Legal Capacity, and Human Rights

Mental Health, Legal Capacity, and Human Rights
Author: Michael Ashley Stein
Publisher: Cambridge University Press
Total Pages: 451
Release: 2021-09-02
Genre: Law
ISBN: 1108838855

Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.

Dignity, Mental Health and Human Rights

Dignity, Mental Health and Human Rights
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.

New Law and Ethics in Mental Health Advance Directives

New Law and Ethics in Mental Health Advance Directives
Author: Penelope Weller
Publisher: Routledge
Total Pages: 210
Release: 2012-12-12
Genre: Law
ISBN: 1136159568

The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights. The book covers topics including: refusing treatment new approaches in human rights international perspectives in mental health law the right to demand treatment. The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers.

Common Mental Health Disorders

Common Mental Health Disorders
Author: National Collaborating Centre for Mental Health (Great Britain)
Publisher: RCPsych Publications
Total Pages: 316
Release: 2011
Genre: Health services accessibility
ISBN: 9781908020314

Bringing together treatment and referral advice from existing guidelines, this text aims to improve access to services and recognition of common mental health disorders in adults and provide advice on the principles that need to be adopted to develop appropriate referral and local care pathways.

Mental Health, Legal Capacity, and Human Rights

Mental Health, Legal Capacity, and Human 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.

The Right to Mental Health

The Right to Mental Health
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.

WHO Resource Book on Mental Health, Human Rights and Legislation

WHO Resource Book on Mental Health, Human Rights and Legislation
Author: Melvyn Freeman
Publisher: World Health Organization
Total Pages: 204
Release: 2005
Genre: Law
ISBN: 9789241562829

This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.

Ending Discrimination Against People with Mental and Substance Use Disorders

Ending Discrimination Against People with Mental and Substance Use Disorders
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
Total Pages: 171
Release: 2016-09-03
Genre: Social Science
ISBN: 0309439124

Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.

Mental Health and Human Rights

Mental Health and Human Rights
Author: Michael Dudley
Publisher: Oxford University Press (UK)
Total Pages: 733
Release: 2012-06-21
Genre: Law
ISBN: 0199213968

People with mental disorders often suffer the worst conditions of life.This book is the first comprehensive survey of the mental health/human rights relationship. It examines the relationships and histories of mental health and human rights, and their interconnections with law, culture, ethnicity, class, economics, biology, and stigma.