Compulsory Mental Health Interventions and the CRPD

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931597
Total Pages : 200 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Compulsory Mental Health Interventions and the CRPD by : Anna Nilsson

Download or read book Compulsory Mental Health Interventions and the CRPD written by Anna Nilsson and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Compulsory Mental Health Interventions and the CRPD

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931570
Total Pages : 199 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Compulsory Mental Health Interventions and the CRPD by : Anna Nilsson

Download or read book Compulsory Mental Health Interventions and the CRPD written by Anna Nilsson and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention's approach to mental health care -- Putting mental health laws to the test -- Proportionality reasoning -- Proportionality and non-discrimination.

Coercive Care

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Author :
Publisher : Routledge
ISBN 13 : 1135016577
Total Pages : 367 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Coercive Care by : Bernadette Mcsherry

Download or read book Coercive Care written by Bernadette Mcsherry and published by Routledge. This book was released on 2013-06-26 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Routledge Handbook of Mental Health Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000984915
Total Pages : 756 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Routledge Handbook of Mental Health Law by : Brendan D. Kelly

Download or read book Routledge Handbook of Mental Health Law written by Brendan D. Kelly and published by Taylor & Francis. This book was released on 2023-10-12 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.

The UN Convention on the Rights of Persons with Disabilities

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192538683
Total Pages : 1377 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The UN Convention on the Rights of Persons with Disabilities by : Ilias Bantekas

Download or read book The UN Convention on the Rights of Persons with Disabilities written by Ilias Bantekas and published by Oxford University Press. This book was released on 2018-10-25 with total page 1377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107140749
Total Pages : 297 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis A New Era for Mental Health Law and Policy by : Piers Gooding

Download or read book A New Era for Mental Health Law and Policy written by Piers Gooding and published by Cambridge University Press. This book was released on 2017-10-13 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Springer Nature
ISBN 13 : 9811550093
Total Pages : 296 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis India’s Mental Healthcare Act, 2017 by : Richard M. Duffy

Download or read book India’s Mental Healthcare Act, 2017 written by Richard M. Duffy and published by Springer Nature. This book was released on 2020-05-18 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law in China

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000573052
Total Pages : 176 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Mental Health Law in China by : Bo Chen

Download or read book Mental Health Law in China written by Bo Chen and published by Taylor & Francis. This book was released on 2022-05-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an important critique of mental health law and practice in China, with a focus on involuntary detention and treatment. The work explores China’s mental health law reform regarding treatment decision-making in the new era of the UN Convention on the Rights of Persons with Disabilities (CRPD). It adopts a socio-legal approach, not only by undertaking a comprehensive desk-based analysis of the reforms introduced by China’s Mental Health Law (MHL) but also examining its implementation based on evidence from practice. The book seeks to investigate whether China’s first national MHL takes a step closer to the requirements of the UN Convention on the Rights of Persons with Disabilities on mental health treatment decision-making, and, if not, why not? The book will be of interest to those working in the areas of mental health law and policy, medical law and disability, human rights law, and Asian Studies.

Advances in Psychiatry

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Author :
Publisher : Springer
ISBN 13 : 3319705547
Total Pages : 729 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Advances in Psychiatry by : Afzal Javed

Download or read book Advances in Psychiatry written by Afzal Javed and published by Springer. This book was released on 2018-07-06 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Medical Law and Ethics

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192856561
Total Pages : 729 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Medical Law and Ethics by : Jonathan Herring

Download or read book Medical Law and Ethics written by Jonathan Herring and published by Oxford University Press. This book was released on 2022-04-25 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Digital formats and resources The ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include: complete bibliography and list of further reading; links to key cases; a video from the author which introduces the book; links to key sites with information on medical law and ethics; and answer guidance to one question per chapter.

Mental Health Atlas 2017

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Author :
Publisher : World Health Organization
ISBN 13 : 9241514019
Total Pages : 72 pages
Book Rating : 4.2/5 (415 download)

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Book Synopsis Mental Health Atlas 2017 by : World Health Organization

Download or read book Mental Health Atlas 2017 written by World Health Organization and published by World Health Organization. This book was released on 2018-08-09 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Development of Disability Rights Under International Law

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Author :
Publisher : Routledge
ISBN 13 : 1134444664
Total Pages : 360 pages
Book Rating : 4.1/5 (344 download)

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Book Synopsis The Development of Disability Rights Under International Law by : Arlene S. Kanter

Download or read book The Development of Disability Rights Under International Law written by Arlene S. Kanter and published by Routledge. This book was released on 2014-11-27 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198788061
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Coercion in Community Mental Health Care by : Andrew Molodynski

Download or read book Coercion in Community Mental Health Care written by Andrew Molodynski and published by Oxford University Press. This book was released on 2016 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The UN Convention on the Rights of Persons with Disabilities

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192538691
Total Pages : 1633 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The UN Convention on the Rights of Persons with Disabilities by : Ilias Bantekas

Download or read book The UN Convention on the Rights of Persons with Disabilities written by Ilias Bantekas and published by Oxford University Press. This book was released on 2018-10-25 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Compulsory Mental Health Interventions and the CRPD

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Author :
Publisher : Hart Publishing
ISBN 13 : 9781509931606
Total Pages : 200 pages
Book Rating : 4.9/5 (316 download)

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Book Synopsis Compulsory Mental Health Interventions and the CRPD by : Anna Nilsson

Download or read book Compulsory Mental Health Interventions and the CRPD written by Anna Nilsson and published by Hart Publishing. This book was released on 2020 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 to make them better comply with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era"--

Healthcare, Quality Concerns and Competition Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509943358
Total Pages : 291 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Healthcare, Quality Concerns and Competition Law by : Theodosia Stavroulaki

Download or read book Healthcare, Quality Concerns and Competition Law written by Theodosia Stavroulaki and published by Bloomsbury Publishing. This book was released on 2023-01-26 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Market driven healthcare is massively divisive. Opponents argue that a competition approach to medical treatment negatively impacts on quality, while advocates point to increased efficiencies. This book casts a critical eye over both positions to show that the concerns over quality are in fact real. Taking a two part approach, it unveils the fault lines along which healthcare provision and the pursuit of quality would in certain cases clash. It then shows how competition authorities can only effectively assess competition concerns when they ask the fundamental question of how the concept of healthcare quality should be defined and factored into their decisions. Drawing on UK, US and EU examples, it explores antitrust and merger cases in hospital, medical and health insurance markets to give an accurate depiction of the reality and challenges of regulating competition in healthcare provision.

Supported Decision-Making

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108475647
Total Pages : 323 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Supported Decision-Making by : Karrie A. Shogren

Download or read book Supported Decision-Making written by Karrie A. Shogren and published by Cambridge University Press. This book was released on 2019 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrates research, theory, and practice in supported decision-making and describes implications for supports provision in the disability field.