Mental Health Law: Abolish or Reform?

Author:   Kay Wilson (Melbourne Social Equity Institute, University of Melbourne)
Publisher:   Oxford University Press
ISBN:  

9780192843258


Pages:   256
Publication Date:   08 June 2021
Format:   Hardback
Availability:   To order   Availability explained
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Mental Health Law: Abolish or Reform?


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Overview

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.

Full Product Details

Author:   Kay Wilson (Melbourne Social Equity Institute, University of Melbourne)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 2.00cm , Length: 24.10cm
Weight:   0.546kg
ISBN:  

9780192843258


ISBN 10:   0192843257
Pages:   256
Publication Date:   08 June 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: Introduction 2: The History, Justification, and Purpose of Mental Health Law 3: The Case for the Abolition of Mental Health Law 4: The 'Interpretive Compass' of the CRPD: The Theory of Dignity 5: Application of Inherent Dignity to the Abolition with Support Model 6: The Interpretive Compass Part 2: Theories of Equality and Non-Discrimination 7: Difficulties with the Meaning of Eqality, Non-Discrimination, and Participation in the CRPD and their Application to the Abolition with Support Model 8: The Interpretive Framework and the Reform of Mental Health Law 9: Conclusion

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Author Information

Kay Wilson is a lawyer, scholar, and writer with an interest in mental health, disability, and human rights law. She has a Bachelor of Arts and Laws and an Honours Degree in Psychology from Monash University and a PhD in law from the University of Melbourne. She was also a researcher on the Rethinking Mental Health Laws and the Seclusion and Restraint Projects and has published papers in Australian and international journals. In 2015, she won the Dontas Travelling Fellowship to Greece to give a paper on seclusion and restraint.

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