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| Author | : Michael Ashley Stein |
| Publisher | : Cambridge University Press |
| Total Pages | : 451 |
| Release | : 2021-09-02 |
| Genre | : Law |
| ISBN | : 1108838855 |
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
| Author | : Michael Ashley Stein |
| Publisher | : |
| Total Pages | : |
| Release | : 2021 |
| Genre | : Convention on the Rights of Persons with Disabilities and Optional Protocol |
| ISBN | : 9781108979016 |
"The passage of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or the Convention) has been hailed as the culmination of a 'paradigm shift' from the biomedical model of disability to the social and human rights-oriented model. The CRPD's assertion of equal recognition before the law applying to all persons with disability, including mental health and psychosocial disability, and thus amounting to universal legal capacity, in Article 12 and in the subsequent General Comment, Number 1 issued by the Committee on the Rights of Persons with Disabilities, has been the subject of considerable debate. While many have argued that this is a protection and manifestation of non-discrimination and freedom from coercion, some have raised concerns based on perceived impracticality or risk. Among the obligations of States parties to the Convention is the mandate to shift from coercion, to supported decision-making regimes, relying on a 'will and preference' standard rather than a 'best interests' standard. Even while debate around the exact nature and scope of Article 12 and General Comment 1 continues, efforts to end coercion in mental health and to promote supported decision-making have been gaining momentum around the world"--
| Author | : Brendan D. Kelly |
| Publisher | : Routledge |
| Total Pages | : 269 |
| Release | : 2016-03-09 |
| Genre | : Medical |
| ISBN | : 1317150570 |
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 | : Michael Ashley Stein |
| Publisher | : Cambridge University Press |
| Total Pages | : 451 |
| Release | : 2021-09-02 |
| Genre | : Law |
| ISBN | : 1108986382 |
Since adoption of the Convention on the Rights of Persons with Disabilities and the interpretive General Comment 1, the topic of legal capacity in mental health settings has generated considerable debate in disciplines ranging from law and psychiatry to public health and public policy. With over 180 countries having ratified the Convention, the shifts required in law and clinical practice need to be informed by interdisciplinary and contextually relevant research as well as the views of stakeholders. With an equal emphasis on the Global North and Global South, this volume offers a comprehensive, interdisciplinary analysis of legal capacity in the realm of mental health. Integrating rigorous academic research with perspectives from people with psychosocial disabilities and their caregivers, the authors provide a holistic overview of pertinent issues and suggest avenues for reform.
| Author | : Michael Dudley |
| Publisher | : Oxford University Press (UK) |
| Total Pages | : 733 |
| Release | : 2012-06-21 |
| Genre | : Law |
| ISBN | : 0199213968 |
People with mental disorders often suffer the worst conditions of life.This book is the first comprehensive survey of the mental health/human rights relationship. It examines the relationships and histories of mental health and human rights, and their interconnections with law, culture, ethnicity, class, economics, biology, and stigma.
| Author | : Karrie A. Shogren |
| Publisher | : Cambridge University Press |
| Total Pages | : 323 |
| Release | : 2018-11-22 |
| Genre | : Law |
| ISBN | : 1108475647 |
Integrates research, theory, and practice in supported decision-making and describes implications for supports provision in the disability field.
| Author | : Melvyn Freeman |
| Publisher | : World Health Organization |
| Total Pages | : 204 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9789241562829 |
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.
| Author | : Bernadette Mcsherry |
| Publisher | : Routledge |
| Total Pages | : 367 |
| Release | : 2013-06-26 |
| Genre | : Law |
| ISBN | : 1135016577 |
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.
| Author | : Bernadette McSherry |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 464 |
| Release | : 2010-08-16 |
| Genre | : Law |
| ISBN | : 1847315968 |
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.
| Author | : Beverley Clough |
| Publisher | : Routledge |
| Total Pages | : 167 |
| Release | : 2021-10-21 |
| Genre | : Law |
| ISBN | : 1000463834 |
This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.
