Overview

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.

Full Product Details

Author:   Bernadette McSherry ,  Penny Weller ,  Peter Bartlett ,  Terry Carney
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.30cm , Length: 23.40cm
Weight:   0.714kg
ISBN:  

9781849460835

ISBN 10:   1849460833
Pages:   464
Publication Date:   16 August 2010
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

PART 1 INTRODUCTION 1 Rethinking Rights-Based Mental Health Laws Bernadette McSherry and Penelope Weller PART 2 HISTORICAL FOUNDATIONS 2 Institutionalising the Community: The Codification of Clinical Authority and the Limits of Rights-Based Approaches Philip Fennell 3 Lost in Translation: Human Rights and Mental Health Law Penelope Weller 4 The Fusion Proposal: A Next Step? Neil Rees PART 3 THE INTERNATIONAL HUMAN RIGHTS FRAMEWORK AND THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES 5 The Expressive, Educational and Proactive Roles of Human Rights: An Analysis of the United Nations Convention on the Rights of Persons with Disabilities Oliver Lewis 6 Involuntary Treatment Decisions: Using Negotiated Silence to Facilitate Change? Annegret Kämpf 7 Abolishing Mental Health Laws to Comply with the Convention on the Rights of Persons with Disabilities Tina Minkowitz PART 4 GAPS BETWEEN LAWAND PRACTICE 8 Rights-Based Legalism: Some Thoughts from the Research Genevra Richardson 9 Extra-Legislative Factors in Involuntary Status Decision-Making Ian Freckelton 10 Civil Admission Following a Finding of Unfitness to Plead Jill Peay PART 5 REVIEW PROCESSES AND THE ROLE OF TRIBUNALS 11 Involuntary Mental Health Treatment Laws: The 'Rights' and the Wrongs of Competing Models? Terry Carney 12 Reviews of Treatment Decisions: Legalism, Process and the Protection of Rights Mary Donnelly 13 Mental Health Law and Its Discontents: A Reappraisal of the Canadian Experience Joaquin Zuckerberg 14 Compulsory Outpatient Treatment and the Calculus of Human Rights John Dawson PART 6 ACCESS TO MENTAL HEALTH SERVICES 15 Rights-Based Legalism and the Limits of Mental Health Law: The United States of America's Experience John Petrila 16 The Right of Access to Mental Health Care: Voluntary Treatment and the Role of the Law Bernadette McSherry 17 Thinking About the Rest of the World: Mental Health and Rights Outside the 'First World'Peter Bartlett

Reviews

...a thought provoking book for those with an interest in this field and I would recommend it.Sean McParlandFrontlineNo. 84, Summer 2012

Author Information

Bernadette McSherry is ARC Federation Fellow, and Professor of Law at Monash University Penelope Weller is a Post-Doctoral Research Fellow on the ARC Federation Fellowship at Monash University

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