Rethinking Rights Based Mental Health Laws

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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.

Rethinking Rights-Based Mental Health Laws

Author : Bernadette McSherry
Publisher :
ISBN 13 : 9781474200714
Total Pages : 430 pages
Book Rating : 4.2/5 (7 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 . This book was released on 2010 with total page 430 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 addresse.

Dignity, Mental Health and Human Rights

Author : Brendan D. Kelly
Publisher : Routledge
ISBN 13 : 1317150570
Total Pages : 269 pages
Book Rating : 4.3/5 (171 download)

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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.

Mental Health Law

Author : Kay Wilson
Publisher : Oxford University Press
ISBN 13 : 0192843257
Total Pages : 257 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Mental Health Law by : Kay Wilson

Download or read book Mental Health Law written by Kay Wilson and published by Oxford University Press. This book was released on 2021 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.

A Prescription for Dignity

Author : Michael L. Perlin
Publisher : Routledge
ISBN 13 : 1317187059
Total Pages : 234 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis A Prescription for Dignity by : Michael L. Perlin

Download or read book A Prescription for Dignity written by Michael L. Perlin and published by Routledge. This book was released on 2016-03-16 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.

Mental Health Law

Author : Kay Wilson
Publisher : Oxford University Press
ISBN 13 : 0192654969
Total Pages : 257 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Mental Health Law by : Kay Wilson

Download or read book Mental Health Law written by Kay Wilson and published by Oxford University Press. This book was released on 2021-06-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.

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.

New Medicalism and the Mental Health Act

Author : John Fanning
Publisher : Bloomsbury Publishing
ISBN 13 : 150990767X
Total Pages : 344 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis New Medicalism and the Mental Health Act by : John Fanning

Download or read book New Medicalism and the Mental Health Act written by John Fanning and published by Bloomsbury Publishing. This book was released on 2018-08-09 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years have passed since the Mental Health Act (MHA) 2007 came into force in England. An amending statute, the Act reformed the MHA 1983 and reshaped the law governing the compulsory care and treatment of people suffering from mental disorders. Primarily driven by concerns about risk, it sought to remove legalistic obstacles to civil commitment and extend the law's coercive reach into the community. At the time of its introduction, the 2007 Act was written off as a retrograde step and a missed opportunity for radical, rights-focused reform. Despite this, little attention has been paid to its impact in the years since. Published to coincide with the tenth anniversary of the 2007 Act, this book offers a timely evaluation of mental health law and policy in England. It argues that the current MHA defies easy categorisation within any of the descriptive models which have customarily narrated the mechanics of civil commitment, namely 'legalism', 'new legalism', and 'medicalism'. It therefore makes the case for a new model – new medicalism – to account for the 2007 Act's enhancement of the discretion of mental health professionals for the express purposes of facilitating the management of situations of risk. In doing so, the book: critically examines the problems inherent in civil commitment frameworks organised around the concept of risk; explores the theoretical foundations of new medicalism; considers the challenges facing proponents of future reform in the era of the UN Convention on the Rights of Persons with Disabilities; and, reflects on the 2007 Act's practical impact.

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.

Rethinking Copyright for Sustainable Human Development

Author : Sileshi Bedasie Hirko
Publisher : Routledge
ISBN 13 : 1000477339
Total Pages : 182 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Rethinking Copyright for Sustainable Human Development by : Sileshi Bedasie Hirko

Download or read book Rethinking Copyright for Sustainable Human Development written by Sileshi Bedasie Hirko and published by Routledge. This book was released on 2021-11-25 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between copyright and higher education, and their complementarities for the advancement of sustainable human development. In its broader sense, the concept of human development is noted as a set of freedoms and human capabilities that are essential for human flourishing. Adopting a rights-based human development and capability approach (HDCA), this book primarily examines the relevant policy and legal flexibilities under the existing international copyright system, and their implications for access to knowledge required for creative innovation and higher education. Exploring the interfaces between copyright and higher education, this book argues that an unbalanced and restrictive copyright system impedes reasonable access to knowledge, and stifles creative and learning freedoms or capabilities. In effect, a restrictive copyright system results in serious ramifications for sustainable human development. In view of its findings, this book underscores the need for rethinking copyright and reframing its relevant flexibilities as users' rights that are vital for promoting creative and learning capabilities towards sustainable human development. Further, the book emphasizes the complementarities between copyright and higher education, and their joint roles for sustainable human development. Given its application of the HDCA to explore ranges of interlinked topics, this book will be of a great interest to researchers across the fields of intellectual property law, innovation, global development, human rights, and higher education.

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.

Restrictive Practices in Health Care and Disability Settings

Author : Bernadette McSherry
Publisher : Routledge
ISBN 13 : 1000290255
Total Pages : 239 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Restrictive Practices in Health Care and Disability Settings by : Bernadette McSherry

Download or read book Restrictive Practices in Health Care and Disability Settings written by Bernadette McSherry and published by Routledge. This book was released on 2020-12-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as physical, mechanical and chemical restraint. They also explore the importance of factors such as organisational culture and staff training to the effective implementation of regulatory regimes. In doing so, the collection provides a solid evidence base for both the development and implementation of effective approaches to restrictive practices that focus on their reduction and, ultimately, their elimination across health care sectors. Divided into five parts, the volume covers new ground in multiple respects. First, it addresses the use of restrictive practices across mental health, disability and aged care settings, creating opportunities for new insights and interdisciplinary conversations across traditionally siloed sectors. Second, it includes contributions from research academics, clinicians, regulators and mental health consumers, offering a rich and comprehensive picture of existing regulatory regimes and options for designing and implementing regulatory approaches that address the failings of current systems. Finally, it incorporates comparative perspectives from Australia, New Zealand, the Netherlands, Germany and England. The book is an invaluable resource for regulators, policymakers, lawyers, clinicians, consumer advocates and academics grappling with the use and regulation of restrictive practices in mental health, disability and aged care contexts.

Mental Health Law in China

Author : Bo Chen
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.

Health Law

Author : Anne-Maree Farrell
Publisher : Cambridge University Press
ISBN 13 : 1108293719
Total Pages : 421 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis Health Law by : Anne-Maree Farrell

Download or read book Health Law written by Anne-Maree Farrell and published by Cambridge University Press. This book was released on 2017-05-25 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon a range of disciplinary perspectives, Health Law: Frameworks and Context adopts a theoretically informed and principles-based approach to examining health law. Appealing to students and academic scholars alike, the text moves beyond traditional medical law frameworks to provide a broader contextual understanding of the way in which law intersects with health. A clear and accessible style of writing combined with a sophisticated and nuanced approach takes this rich and challenging field to a new level of analysis. Written by respected academics within the field, Health Law: Frameworks and Context is an essential text for scholars and students looking to grasp the fundamental concepts of this rapidly expanding area of law, as well as those who wish to deepen their knowledge and understanding of health law in Australia and internationally.

Disability Human Rights Law 2018

Author : Anna Arstein-Kerslake (Ed.)
Publisher : MDPI
ISBN 13 : 3038972509
Total Pages : 241 pages
Book Rating : 4.0/5 (389 download)

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Book Synopsis Disability Human Rights Law 2018 by : Anna Arstein-Kerslake (Ed.)

Download or read book Disability Human Rights Law 2018 written by Anna Arstein-Kerslake (Ed.) and published by MDPI. This book was released on 2018-11-14 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws

The Rights of People with Mental Disabilities

Author : Robert Morris Levy
Publisher :
ISBN 13 : 9780809319909
Total Pages : 388 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Rights of People with Mental Disabilities by : Robert Morris Levy

Download or read book The Rights of People with Mental Disabilities written by Robert Morris Levy and published by . This book was released on 1996 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book...is both timely and important, Great strides have been made in the understanding of mental illness, in the effectiveness of treatments, and in the improvement of living conditions for those who suffer. But much still needs to be done. People with mental disabilities continue to experience discrimination and stigma and are not able to enjoy the full fruits of American life. The Rights of People with Mental Disabilities reviews the issues and contemplates the areas in which all consumers, mental health professionals, and advocates can continue to make improvements. I Commend the authors for their work.' Rosalynn Carter

The Future of Mental Health, Disability and Criminal Law

Author : Kay Wilson
Publisher : Taylor & Francis
ISBN 13 : 1000954781
Total Pages : 284 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Future of Mental Health, Disability and Criminal Law by : Kay Wilson

Download or read book The Future of Mental Health, Disability and Criminal Law written by Kay Wilson and published by Taylor & Francis. This book was released on 2023-09-15 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus.