Compulsory Mental Health Interventions And The Crpd

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Compulsory Mental Health Interventions and the CRPD

Author : Anna Nilsson
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.

Minding Equality

Author :
Publisher :
ISBN 13 : 9789177539988
Total Pages : 230 pages
Book Rating : 4.5/5 (399 download)

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Book Synopsis Minding Equality by :

Download or read book Minding Equality written by and published by . This book was released on 2017 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A New Era for Mental Health Law and Policy

Author : Piers Gooding
Publisher : Cambridge University Press
ISBN 13 : 1108509452
Total Pages : 297 pages
Book Rating : 4.1/5 (85 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: The Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy. In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear. In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the 'will, preference and rights' of persons with disabilities 'on an equal basis with others'. This book explores the implications of the CRPD for law, policy and practice that respond to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds the potential to address persistent shortcomings in mental health law and policy.

India’s Mental Healthcare Act, 2017

Author : Richard M. Duffy
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.

The UN Convention on the Rights of Persons with Disabilities

Author : Ilias Bantekas
Publisher : Oxford University Press
ISBN 13 : 0192538683
Total Pages : 1460 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 1460 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.

The United Nations Convention on the Rights of Persons with Disabilities

Author : Valentina Della Fina
Publisher : Springer
ISBN 13 : 3319437909
Total Pages : 769 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The United Nations Convention on the Rights of Persons with Disabilities by : Valentina Della Fina

Download or read book The United Nations Convention on the Rights of Persons with Disabilities written by Valentina Della Fina and published by Springer. This book was released on 2017-01-20 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.

Mental Health Atlas 2017

Author : World Health Organization
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.

Critical Perspectives on Coercive Interventions

Author : Claire Spivakovsky
Publisher : Routledge
ISBN 13 : 135165733X
Total Pages : 254 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Critical Perspectives on Coercive Interventions by : Claire Spivakovsky

Download or read book Critical Perspectives on Coercive Interventions written by Claire Spivakovsky and published by Routledge. This book was released on 2018-05-11 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service ‘consumers’ and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society’s most vulnerable citizens in the names of ‘justice’ and ‘treatment’. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field.

The Development of Disability Rights Under International Law

Author : Arlene S. Kanter
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.

Rethinking Rights-Based Mental Health Laws

Author : Bernadette McSherry
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315968
Total Pages : 464 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Rethinking Rights-Based Mental Health Laws by : Bernadette McSherry

Download or read book Rethinking Rights-Based Mental Health Laws written by Bernadette McSherry and published by Bloomsbury Publishing. This book was released on 2010-08-16 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Coercion in Community Mental Health Care

Author : Andrew Molodynski
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.

Advances in Psychiatry

Author : Afzal Javed
Publisher : Springer
ISBN 13 : 3319705547
Total Pages : 740 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 740 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.

WHO Resource Book on Mental Health, Human Rights and Legislation

Author : Melvyn Freeman
Publisher : World Health Organization
ISBN 13 : 9789241562829
Total Pages : 204 pages
Book Rating : 4.5/5 (628 download)

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Book Synopsis WHO Resource Book on Mental Health, Human Rights and Legislation by : Melvyn Freeman

Download or read book WHO Resource Book on Mental Health, Human Rights and Legislation written by Melvyn Freeman and published by World Health Organization. This book was released on 2005 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Routledge Handbook of Mental Health Law

Author : Brendan D. Kelly
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.

Supported Decision-Making

Author : Karrie A. Shogren
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 2018-11-22 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.

Mental Health Ethics

Author : Phil Barker
Publisher : Routledge
ISBN 13 : 1136881948
Total Pages : 401 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis Mental Health Ethics by : Phil Barker

Download or read book Mental Health Ethics written by Phil Barker and published by Routledge. This book was released on 2010-11-09 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an overview of traditional and contemporary ethical perspectives and critically examines a range of ethical and moral challenges present in contemporary 'psychiatric-mental' health services.

Violence and Mental Disorders

Author : Bernardo Carpiniello
Publisher : Springer Nature
ISBN 13 : 3030331881
Total Pages : 296 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Violence and Mental Disorders by : Bernardo Carpiniello

Download or read book Violence and Mental Disorders written by Bernardo Carpiniello and published by Springer Nature. This book was released on 2019-11-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the issue of violence in detail, taking into account the role of contextual factors, as well as the epidemiology, risk factors and clinical aspects of violence related to the main mental disorders. It also offers practical information on its management – from prevention to treatment. Covering all aspects of the problem of violence in mental disorders, the book is divided into four parts: general aspects; risk factors, phenomenology and characteristics of violence in mental disorders; contexts of violence; and prevention and management of violence in mental health. It also discusses violence in the various settings of mental health system, an aspect that has not previously been fully addressed. The volume is intended for all those who are interested in mental health, including scholars, professionals, and students.