Rethinking Rights-Based Mental Health Laws

Rethinking Rights-Based Mental Health Laws
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.

Mental Health Law

Mental Health Law
Author: Kay Wilson
Publisher: Oxford University Press
Total Pages: 257
Release: 2021
Genre: Law
ISBN: 0192843257

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.

Law and Psychiatry

Law and Psychiatry
Author: Michael S. Moore
Publisher: CUP Archive
Total Pages: 550
Release: 1984-03-30
Genre: Medical
ISBN: 9780521255981

This book is about the competing images of man offered us by the disciplines of law and psychiatry. Michael Moore describes the legal view of persons as rational and autonomous and defends it from the challenges presented by three psychiatric ideas: that badness is illness, that the unconscious rules our mental life, and that a person is a community of selves more than a unified single self. Using the tools of modern philosophy, he attempts to show that the moral metaphysical foundations of our law are not eroded by these challenges of psychiatry. The book thus seeks, through philosophy, to go beneath the centuries-old debates between lawyers and psychiatrists, and to reveal their hidden agreement about the nature of man. Some attention is paid to practical legal and psychiatric issues of contemporary concern, such as the proper definition of mental illness for psychiatric purposes, and the proper definition of legal insanity for legal purposes. This book was first announced, for publication in hard covers, in the Press's January to July seasonal list.

A New Era for Mental Health Law and Policy

A New Era for Mental Health Law and Policy
Author: Piers Gooding
Publisher: Cambridge University Press
Total Pages: 297
Release: 2017-10-13
Genre: Law
ISBN: 1107140749

International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.

Rethinking Rights-Based Mental Health Laws

Rethinking Rights-Based Mental Health Laws
Author: Bernadette McSherry
Publisher:
Total Pages: 430
Release: 2010
Genre: Electronic books
ISBN: 9781474200714

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.

Mental Health Law

Mental Health Law
Author: Kay Wilson
Publisher: Oxford University Press
Total Pages: 257
Release: 2021-06-08
Genre: Law
ISBN: 0192654969

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.

Oxford Textbook of Social Psychiatry

Oxford Textbook of Social Psychiatry
Author: Dinesh Bhugra
Publisher: Oxford University Press
Total Pages: 833
Release: 2022-07-28
Genre: Medical
ISBN: 0192606204

The Oxford Textbook of Social Psychiatry serves as a comprehensive reference to the historical, theoretical, and practical aspects of social psychiatry, and its role in the management of psychiatric disorders. Written and edited by leading experts and rising stars in the field of social psychiatry, this textbook provides an authoritative and global look at social psychiatry, covering a wealth of topics and up-to-date research in 79 chapters. Divided into eight sections, this resource covers an overview of the history and development of social psychiatry, as well as the social world of families, culture, and identity, focusing on key issues such as globalisation, pandemics, trauma, spirituality, and gender. Clinical conditions and special vulnerable groups are also explored, with topics such as the mental health of prisoners, somatisation, and eating disorders. Case studies of specific geographical locations provide a critical overview of global mental health today and the challenges faced in different setting, such as low- and middle-income countries.

Routledge Handbook of Mental Health Law

Routledge Handbook of Mental Health Law
Author: Brendan D. Kelly
Publisher: Taylor & Francis
Total Pages: 756
Release: 2023-10-12
Genre: Law
ISBN: 1000984915

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.