Rethinking Rights-Based Mental Health LawsBernadette McSherry, Penny Weller 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. |
Contents
3 | |
11 | |
13 | |
51 | |
A Next Step? | 73 |
Part 3 The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities | 95 |
An Analysis of the United Nations Convention on the Rights of Persons with Disabilities | 97 |
Using Negotiated Silence to Facilitate Change? | 129 |
10 Civil Admission Following a Finding of Unfitness to Plead | 231 |
Part 5 Review Processes and the Role of Tribunals | 255 |
The Rights and the Wrongs of Competing Models? | 257 |
Legalism Process and the Protection of Rights | 275 |
A Reappraisal of the Canadian Experience | 299 |
14 Compulsory Outpatient Treatment and the Calculus of Human Rights | 327 |
Part 6 Access to Mental Health Services | 355 |
The United States of Americas Experience | 357 |
7 Abolishing Mental Health Laws to Comply with the Convention on the Rights of Persons with Disabilities | 151 |
Part 4 Gaps between Law and Practice | 179 |
Some Thoughts from the Research | 181 |
9 ExtraLegislative Factors in Involuntary Status DecisionMaking | 203 |
Voluntary Treatment and the Role of the Law | 379 |
Mental Health and Rights Outside the First World | 397 |
Index | 419 |
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Rethinking Rights-Based Mental Health Laws Bernadette McSherry,Penny Weller No preview available - 2010 |
Common terms and phrases
admission adopted appeal application approach appropriate assessment Australian authority autonomy basis capacity chapter civil clinical clinicians commitment compulsory concerned consider constitutional context Convention Court criminal CRPD decision-making decisions detention determination developed effective England and Wales ensure equal European evidence example experience force given hospital human rights ibid important individual insight institutions interests International involuntary issue Journal Journal of Law judicial lack legislation liberty limited means Mental Health Act mental health law mental illness necessary Parties patient persons with disabilities positive practice Press prevent principles procedural professionals protection Psychiatry question reasonable relation relevant Report respect responsible result Rights of Persons rights-based risk role social standards Study suggests tion treated treatment tribunal United United Nations University