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Rethinking Rights-Based Mental Health Laws - Bernadette McSherry

Rethinking Rights-Based Mental Health Laws

By: Bernadette McSherry (Editor), Penny Weller (Editor), Peter Bartlett (Contribution by), Terry Carney (Contribution by), John Dawson (Contribution by)

Paperback Published: 16th August 2010
ISBN: 9781849460835
Number Of Pages: 464

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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.

...a thought provoking book for those with an interest in this field and I would recommend it. Sean McParland Frontline No. 84, Summer 2012

Acknowledgementsp. v
List of Contributorsp. ix
Table of Casesp. xi
Table of Legislationp. xix
Table of International Instrumentsp. xxix
Introductionp. 1
Rethinking Rights-Based Mental Health Lawsp. 3
Historical Foundationsp. 11
Institutionalising the Community: The Codification of Clinical Authority and the Limits of Rights-Based Approachesp. 13
Lost in Translation: Human Rights and Mental Health Lawp. 51
The Fusion Proposal: A Next Step?p. 73
The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilitiesp. 95
The Expressive, Educational and Proactive Roles of Human Rights: An Analysis of the United Nations Convention on the Rights of Persons with Disabilitiesp. 97
Involuntary Treatment Decisions: Using Negotiated Silence to Facilitate Change?p. 129
Abolishing Mental Health Laws to Comply with the Convention on the Rights of Persons with Disabilitiesp. 151
Gaps Between Law and Practicep. 179
Rights-Based Legalism: Some Thoughts from the Researchp. 181
Extra-Legislative Factors in Involuntary Status Decision-Makingp. 203
Civil Admission Following a Finding a Unfitness to Pleadp. 231
Review Processes and the Role of Tribunalsp. 255
Involuntary Mental Health Treatment Laws: The 'Rights' and the Wrongs of Competing Models?p. 257
Reviews of Treatment Decisions: Legalism, Process and the Protection of Rightsp. 275
Mental Health Law and Its Discontents: A Reappraisal of the Canadian Experiencep. 299
Compulsory Outpatient Treatment and the Calculus of Human Rightsp. 327
Access to Mental Health Servicesp. 355
Rights-Based Legalism and the Limits of Mental Health Law: The United States of America's Experiencep. 357
The Right of Access to Mental Health Care: Voluntary Treatment and the Role of the Lawp. 379
Thinking About the Rest of the World: Mental Health and Rights Outside the 'First World'p. 397
Indexp. 419
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781849460835
ISBN-10: 1849460833
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 464
Published: 16th August 2010
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.5 x 15.9  x 2.6
Weight (kg): 0.7
Edition Number: 1