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Mental Disability And The European Convention On Human Rights
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Book Synopsis Mental Disability And the European Convention on Human Rights by : Peter Bartlett
Download or read book Mental Disability And the European Convention on Human Rights written by Peter Bartlett and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental disability has come of age as a subject of concern under the European Convention on Human Rights. It was only in 1979 that the first significant decision of the ECHR was decided on the subject, and after that, cases were relatively few for many years. It is only recently that this has begun to change. This volume provides an account of where the law currently stands and speculation as to how it may develop. The initial chapters deal with substantive aspects of Convention rights (including issues of detention in institutions, conditions within institutions, medical treatment, problems associated with guardianship and others). The final two chapters move to discuss the practicalities of litigation. The book concludes with a number of appendices (primarily the primary international legal materials of relevance to mental disability rights under the ECHR, and the relevant recommendations and principles from the Council of Europe). It is hoped that this volume, in addition to shedding light on where the law currently stands, will offer practical guidance to lawyers concerning the mechanics of representing people with mental disabilities.
Book Synopsis International Human Rights and Mental Disability Law by : Michael L. Perlin
Download or read book International Human Rights and Mental Disability Law written by Michael L. Perlin and published by Oxford University Press. This book was released on 2012 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems.
Book Synopsis Disabled People and European Human Rights by : Luke J. Clements
Download or read book Disabled People and European Human Rights written by Luke J. Clements and published by Policy Press. This book was released on 2003-02-12 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, there has been increasing recognition of the ways in which disabled children and adults have been denied human and civil rights that others take for granted. In the year 2000, the Human Rights Act 1998 came into force in the United Kingdom. This book reviews the implications of the Act for disabled people. The book provides a clear and accessible account of the potential of the Human Rights Act to make a positive difference in relation to issues that have been identified through research, policy development and political debate as significant in the lives of disabled people.
Book Synopsis Who gets to decide? by : Council of Europe
Download or read book Who gets to decide? written by Council of Europe and published by Council of Europe. This book was released on 2012-04-01 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of persons with disabilities to make choices about their lives and enjoy legal capacity on an equal basis with others is one of the most significant human rights issues in Europe today. Being recognised as someone who can make decisions is instrumental in taking control over one’s life and participating in society with others. This Issue Paper describes the challenges faced by Council of Europe member states in dealing with the issue. These include the flaws of current guardianship systems and procedures, the automatic loss of human rights of those placed under guardianship regimes and the pressing need to develop support alternatives giving persons with disabilities equal opportunities to shape their life paths. The paper outlines the applicable international human rights framework, including the UN Convention on the Rights of Persons with Disabilities and the relevant case-law of the European Court of Human Rights. It concludes with examples of good practice to show the way forward. The Commissioner’s Recommendations on legal capacity are published at the beginning of the document.
Book Synopsis Mental Illness, Discrimination and the Law by : Felicity Callard
Download or read book Mental Illness, Discrimination and the Law written by Felicity Callard and published by John Wiley & Sons. This book was released on 2012-03-30 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The Right to Political Participation of Persons with Mental Health Problems and Persons with Intellectual Disabilities by :
Download or read book The Right to Political Participation of Persons with Mental Health Problems and Persons with Intellectual Disabilities written by and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The report sets out by recalling the international and European standards favouring the full participation of persons with intellectual disabilities and persons with mental health problems in the electoral process. The comparative law analysis then highlights the diverse approaches adopted in the EU Member States. In a majority of these, persons who have lost their legal capacity are automatically deprived of their right to political participation. The European Court of Human Rights, however, clearly stated that such an automatic deprivation contravenes the European Convention on Human Rights, to which all EU Member States are party. In other EU Member States, the practice is to organise an individualised assessment of the actual ability to vote of the individuals in question. Finally, a third group of EU Member States have moved towards full participation of persons with disabilities in the electoral process."--Ed.
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 776 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.
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.
Book Synopsis The UN Convention on the Rights of Persons with Disabilities by : Oddný Mjöll Arnardóttir
Download or read book The UN Convention on the Rights of Persons with Disabilities written by Oddný Mjöll Arnardóttir and published by BRILL. This book was released on 2009-05-06 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines the International Convention on the Rights of Persons with disabilities from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.
Book Synopsis The right of people with disabilities to live independently and be included in the community by : Council of Europe
Download or read book The right of people with disabilities to live independently and be included in the community written by Council of Europe and published by Council of Europe. This book was released on 2012-06-01 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognising the right to live in the community is about enabling people to live their lives to their fullest within society and access the public sphere. A precondition for anyone to enjoy all their human rights, this right is taken for granted by the majority of the population, but is often denied to persons with disabilities, who are instead placed in segregated institutions or in settings which isolate them from the rest of the community. This Issue Paper describes the challenges faced by Council of Europe member states in complying with this right. It traces the right of people with disabilities to live independently and be included in the community to its origins in the most fundamental human rights standards both within the Council of Europe and United Nations systems. The paper draws on Article 19 of the UN Convention on the Rights of Persons with Disabilities to identify the various forms that violations of this right can take, and provides guidance for community-based responses governed by choice, in order to achieve inclusion and participation. The paper shows the link between the right to live in the community and other rights, notably the rightto equal recognition before the law (legal capacity). The Issue Paper ends with a sample of indicators and guidance questions to assess the transition from violationto implementation of the right to live in the community. The Commissioner’s recommendations on the right to live independently and be included in the community are published at the beginning of the document.
Book Synopsis The human rights of the mentally ill in Europe by : Margaret G. Wachenfeld
Download or read book The human rights of the mentally ill in Europe written by Margaret G. Wachenfeld and published by . This book was released on 1992 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lives of the mentally ill.
Book Synopsis A study on the Equal Recognition before the law by : National University of Ireland
Download or read book A study on the Equal Recognition before the law written by National University of Ireland and published by Council of Europe. This book was released on 2017-03-27 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equal recognition before the law: the capacity to hold rights and duties and the capacity to act on them. This Study aims to identify ways and means of implementation of Article 121 of the UN Convention on the Rights of Persons with Disabilities (CRPD) which affirms the right to equal recognition before the law. It represents a paradigm shift from viewing persons with disabilities as objects of charity and medical treatment to identifying them as subjects with legal rights. The requirements of Article 12 of the CRPD have been clearly interpreted by the UN CRPD Committee. Various bodies of the Council of Europe have acknowledged this shift in consensus regarding the right to universal legal capacity and have gradually moved towards affirming its applicability, most notably in the Council of Europe Strategy on the Rights of Persons with Disabilities 2017-2023. To reiterate, the Strategy asserts that the rights covered in it are to be interpreted in light of the UN CRPD.
Book Synopsis Human Rights--disability--children by : Council of Europe
Download or read book Human Rights--disability--children written by Council of Europe and published by Council of Europe. This book was released on 2005-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains the proceedings of a Council of Europe conference, held in Strasbourg in November 2004, which reviewed current Council of Europe instruments designed to promote and protect the rights of people with disabilities. It focuses on the right of children with disabilities to grow up within a family and in a community context, and the need to end the institutionalisation of children with disabilities.
Book Synopsis Dignity, Mental Health and Human Rights by : Brendan D. Kelly
Download or read book Dignity, Mental Health and Human Rights written by Brendan D. Kelly and published by Routledge. This book was released on 2016-03-09 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Council of Europe. Committee of Ministers Publisher :Manhattan Publishing Company ISBN 13 : Total Pages :26 pages Book Rating :4.X/5 (3 download)
Book Synopsis Legal Protection of Persons Suffering from Mental Disorder Placed as Involuntary Patients by : Council of Europe. Committee of Ministers
Download or read book Legal Protection of Persons Suffering from Mental Disorder Placed as Involuntary Patients written by Council of Europe. Committee of Ministers and published by Manhattan Publishing Company. This book was released on 1983 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of the legal protection of the mentally ill raises a series of human rights issues relevant to several articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The case-law of the organs established under the convention is developing. Therefore, taking into account, on the one hand, recent judgments of the European Court of Human Rights and, on the other hand, the legislative in member states, giving better legal protection to persons suffering from mental disorder who require placement, a series of rules appended to this Recommendation were drawn up.
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.
