Mental Health Legal Capacity And Human Rights
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Mental Health Legal Capacity And Human Rights
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Author : Michael Ashley Stein
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-02
Mental Health Legal Capacity And Human Rights written by Michael Ashley Stein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-02 with Law categories.
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
Dignity Mental Health And Human Rights
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Author : Brendan D. Kelly
language : en
Publisher: Routledge
Release Date : 2016-03-09
Dignity Mental Health And Human Rights written by Brendan D. Kelly and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-09 with Medical categories.
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.
Who Resource Book On Mental Health Human Rights And Legislation
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Author : Melvyn Freeman
language : en
Publisher: World Health Organization
Release Date : 2005
Who Resource Book On Mental Health Human Rights And Legislation written by Melvyn Freeman and has been published by World Health Organization this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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.
Mental Health Legal Capacity And Human Rights
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Author : Michael Ashley Stein
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-02
Mental Health Legal Capacity And Human Rights written by Michael Ashley Stein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-02 with Law categories.
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.
Mental Health And Human Rights
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Author : Michael Dudley
language : en
Publisher: Oxford University Press
Release Date : 2012-06-21
Mental Health And Human Rights written by Michael Dudley and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-21 with Law categories.
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.
A New Era For Mental Health Law And Policy
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Author : Piers Gooding
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-13
A New Era For Mental Health Law And Policy written by Piers Gooding and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-13 with Law categories.
International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.
Coercive Care
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Author : Bernadette Mcsherry
language : en
Publisher: Routledge
Release Date : 2013-06-26
Coercive Care written by Bernadette Mcsherry and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-26 with Law categories.
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.
Global Perspectives On Legal Capacity Reform
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Author : Eilionóir Flynn
language : en
Publisher: Routledge
Release Date : 2018-07-20
Global Perspectives On Legal Capacity Reform written by Eilionóir Flynn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-20 with Law categories.
This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.
Rethinking Rights Based Mental Health Laws
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Author : Bernadette McSherry
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-08-16
Rethinking Rights Based Mental Health Laws written by Bernadette McSherry and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-16 with Law categories.
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.
Routledge Handbook Of Mental Health Law
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Author : Brendan D. Kelly
language : en
Publisher: Taylor & Francis
Release Date : 2023-10-12
Routledge Handbook Of Mental Health Law written by Brendan D. Kelly and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-12 with Law categories.
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.