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.
Author: Bernadette McSherry
Publisher: Bloomsbury Publishing
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.
King's Fund (2015) Mental Health Under Pressure (King's Fund, 2015). McSherry
, B. and Weller, P. (eds) (2010) Rethinking Rights-Based Mental Health Laws (
Hart). Richardson, G. (2002) '“Autonomy, guardianship and mental disorder”: one
Author: Jonathan Herring
Publisher: Oxford University Press, USA
Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Online resources This book is accompanied by the following online resources: - Complete bibliography and list of further reading - Links to the key cases mentioned in the book - A video from the author which introduces the book and sets the scene for your studies - Links to key sites with information on medical law and ethics - Answer guidance to one question per chapter
Author: Professor Brendan KellyPublish On: 2015-09-28
the situation is rendered more complex in countries where a rights-based
approach to mental health care may not rest ... rights outside the “first world”', in
Mcsherry, B., and Weller, P. (eds), Rethinking Rights-Based Mental Health Laws (
Author: Professor Brendan Kelly
Publisher: Ashgate Publishing, Ltd.
Category: Social Science
This book explores the human rights consequences of recent and ongoing revisions of mental health legislation in England and Ireland. The author uses the checklist of the WHO Resource Book on Mental Health, Human Rights and Legislation as a framework for analysis, and considers recent case-law from the ECHR, as well as the implications of the UN Convention on the Rights of Persons with Disabilities. The author focuses on dignity, human rights and mental health law to evaluate to what extent the human rights of the mentally ill have been protected and promoted.
5 New Medicalism and Human Rights Introduction There is an intimate link
between mental health and human rights, ... Health Laws' in B McSherry and
PWeller (eds), Rethinking Rights-Based Mental Health Laws (Oxford, Hart
Author: John Fanning
Publisher: Bloomsbury Publishing
Ten years have passed since the Mental Health Act (MHA) 2007 came into force in England. An amending statute, the Act reformed the MHA 1983 and reshaped the law governing the compulsory care and treatment of people suffering from mental disorders. Primarily driven by concerns about risk, it sought to remove legalistic obstacles to civil commitment and extend the law's coercive reach into the community. At the time of its introduction, the 2007 Act was written off as a retrograde step and a missed opportunity for radical, rights-focused reform. Despite this, little attention has been paid to its impact in the years since. Published to coincide with the tenth anniversary of the 2007 Act, this book offers a timely evaluation of mental health law and policy in England. It argues that the current MHA defies easy categorisation within any of the descriptive models which have customarily narrated the mechanics of civil commitment, namely 'legalism', 'new legalism', and 'medicalism'. It therefore makes the case for a new model – new medicalism – to account for the 2007 Act's enhancement of the discretion of mental health professionals for the express purposes of facilitating the management of situations of risk. In doing so, the book: critically examines the problems inherent in civil commitment frameworks organised around the concept of risk; explores the theoretical foundations of new medicalism; considers the challenges facing proponents of future reform in the era of the UN Convention on the Rights of Persons with Disabilities; and, reflects on the 2007 Act's practical impact.
Carney , T. ( 2010 ) ' Involuntary Mental Health Treatment Laws : The “ Rights ”
and Wrongs of Competing Models ? ' , in B. McSherry and P. Weller ( eds ) Rethinking Rights - based Mental Health Laws , Oxford : Hart Publishing , 257–
Author: Bernadette McSherry
This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as physical, mechanical and chemical restraint. They also explore the importance of factors such as organisational culture and staff training to the effective implementation of regulatory regimes. In doing so, the collection provides a solid evidence base for both the development and implementation of effective approaches to restrictive practices that focus on their reduction and, ultimately, their elimination across health care sectors. Divided into five parts, the volume covers new ground in multiple respects. First, it addresses the use of restrictive practices across mental health, disability and aged care settings, creating opportunities for new insights and interdisciplinary conversations across traditionally siloed sectors. Second, it includes contributions from research academics, clinicians, regulators and mental health consumers, offering a rich and comprehensive picture of existing regulatory regimes and options for designing and implementing regulatory approaches that address the failings of current systems. Finally, it incorporates comparative perspectives from Australia, New Zealand, the Netherlands, Germany and England. The book is an invaluable resource for regulators, policymakers, lawyers, clinicians, consumer advocates and academics grappling with the use and regulation of restrictive practices in mental health, disability and aged care contexts.
McSherry, B and Weller, P (2010) Rethinking Rights-Based Mental Health Laws.
Hart, Oxford. Miranda, J and Patel, V (2005) Achieving the Millennium
Development Goals: Does mental health play a role? PLoSMedicine, 2(10):e291.
Author: Felicity Callard
Publisher: John Wiley & Sons
This book describes clearly how legislation can be used to advance the rights and entitlements of people with mental health problems. Straightforward and practical, it provides useful information on how to address disabilities so these people may enjoy full citizenship. It presents the key issues succinctly and illustrates these with legislative examples from around the world. This book documents the role that law can play, at all levels, in combating such discrimination and abuse.
Fennell , P. ( 2010 ) “ Institutionalising the community: the codification of clinical
authority and the limits of rights - based approaches, ” in B. McSherry and P.
Weller (eds), Rethinking Rights- Based Mental Health Laws. Oxford : Hart
Author: Karen Harrison
Publisher: John Wiley & Sons
This handbook combines the latest theory on a high-profile, complex subject in criminology, exploring the legal and ethical dimensions of society’s response to sex offenders in jurisdictions from the USA to Japan. The first publication to offer a detailed and wide-ranging analysis of legal and ethical issues relating to sex offender treatment and management Covers a range of related issues, from media coverage to equality duties Presents research from numerous national jurisdictions including the UK, USA, Australia, New Zealand, Canada, Norway, Germany, Netherlands, Japan, and Israel Includes perspectives from respected leading academics and practitioners, including William Marshall, Tony Ward, Doug Boer, Daniel Wilcox, and Marnie Rice
... cardiff, and have benefitted from his expertise and from exposure to his
thoughtful approach to this area of the law. ... in 2009 entitled 'rethinking rights- Based Mental Health law' and i would like to thank the organiser, Bernadette
Author: Mary Donnelly
Publisher: Cambridge University Press
This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.
She has published books and articles on divorce , health inequalities , gender
and class politics , procreative health in ... as an expert witness for the Law
Project for Psychiatric Rights - a non - profit organization based in Anchorage ,
Author: Sami Timimi
Publisher: Red Globe Press
In the past decade, there have been an increasing number of authors who have written about ADHD from a critical perspective. These critiques have ranged from questioning the existence of the disorder and the way it is currently conceptualized in mainstream medicine to the safety and efficacy of popular drug treatment regimes for ADHD. However, each of these critical authors have focused on their own particular area of interest, be this culture, genetics, the influence of drug company marketing, the effects of medication, particular treatment regimes, and so on. This book brings together a variety of critical perspectives, with each contribution dealing with a particular issue from culture to genetics and drug companies to nutrition.
However , since it remains a clinical model , Corner and Dunlop ' s ( 1997 )
approach seriously underestimates the problem of ... Corner and Dunlop ( 1997 )
and health - promoting palliative care ( Kellehear , 1999 ) do not identify social
devaluation ... Nirje ( 1969 ) , the formal founder of normalisation , defined the
original rights - based view of normalisation as the ... The ( US ) President ' s
Committee on Mental Retardation commissioned the monograph by Kugel and
Author: Paul Sinclair
This book's striking message is that palliative care does not deliver on its aims to value people who are dying and make death and dying a natural part of life. This book draws from wider social science perspectives and critically and specifically applies these perspectives to palliative care and its dominant medical model. Applying Social Role Valorisation, the author argues for the de-institutionalisation of palliative care and the development of an alternative framework to the approaches found in hospices, palliative care units and community-based palliative care services. He offers a new conceptualisation of death and loss that refines and expands modern understandings in a way that also resonates with traditional religious views concerning death. Wide-ranging recommendations advise fundamental change in the concept of palliative care, the way support and services are organised and the day to day practice of palliative care.Rethinking palliative care will be of interest to academics, students and practitioners in palliative care as well as those in disability, social policy, sociology, social work, religion, thanatology, nursing and other health related fields.
Therapeutic jurisprudence begins with the deceptively simple notion that , among
other considerations , law should be concerned about the ... law that produced
the “ almost revolution ” in mental health law in the 1960s and 1970s that was based on constitutional rights . ... setting to which it applies , Wexler and Winick
use research findings as generalized tools for rethinking law and legal
... disparate impact , 542-547 INTERNATIONAL MARKETING POSITIONS Title VII
of Civil Rights Act of 1964 , BFOQ defense to sex - based ... examination of ,
questions involving marriage , 218-222 Marriage contract Rethinking marriage
contract Feminists and marriage , 274-293 ... MEDICAL DEGREE Dissolution of
marriage , property settlement to reflect wife's interest in , 326-331 MENTAL HEALTH ...
Many voices are raised today for greater “ rights ” for children in the custody
context , 18 and visitation rules will almost certainly follow societal value ... 299 (
1994 ) ; D . Chambers , Rethinking the Substantive Rules for Custody Disputes in
Divorce , 83 Mich . ... Later decisions distinguished Bragg , claiming it was based
solely on a common law duty to care for an adult incapacitated son or daughter
Author: Andre P. Derdeyn
Written by an interdisciplinary group comprised of lawyers, judges, psychologists, and adolescent and child psychiatrists, this book identifies and examines the major legal and mental health issues confronted in post-divorce custody and visitation litigation. It examines state legislation and judicial doctrine as well as reform efforts such as the Uniform Marriage and Divorce Act and the American Law Institute's Principles of the Law of Family Dissolution.As the authors themselves suggest, ?a great many important and difficult divorce-custody legal and psychological issues have not been objectively and thoroughly explored in the literature and in courtrooms ? indeed, many of them have been the subjects of misleading and sometimes ignorant reports and testimony ? and judges and children and their parents have been the losers.' The book has been designed to provide a sort of glossary ? an objective description and analysis ? of the underlying mental health aspects of legal issues and mental health professionals? concerns about how those issues are approached and resolved in divorce-custody cases. The book will be useful to practicing lawyers, mental health professionals and judges.
Commissioners should have access to private space in order to interview
patients and have the right to visit off ward areas ... be able to access
independent advocacy services , either through local or national organisations ,
i.e. MIND , Rethink , etc. ... legal representation , Mental Health Review Tribunals
, the Mental Health Act Commission and advocacy services . ... as a prison
sentence is finite whereas a detention order is based upon a multi - 80 Mental Disorder and Criminal Justice.
Author: Brian Littlechild
Publisher: Russell House Pub Limited
Category: Social Science
Whilst the health and social care systems in the main treat and support those with mental disorders, the criminal justice system deals with them primarily as offenders, victims or witnesses. This latter approach tends to ignore their mental health needs. The book addresses solving problems in inter-agency working, and in gaining greater awareness of the ways in which people who have a mental disorder are vulnerable within and between both systems, be this in institutional settings or where they are detained by the police. The crucial issues of risk assessment and risk management for people with mental disorders, and diversion from custody, are fully covered. A relatively new and unexamined area of concern within the criminal justice system - that of mentally disordered people who are victims of or witnesses to a crime - is discussed. Each chapter contains helpful summaries and case studies which identify the relevant legal provisions, research evidence and related publications.
... how population based public health concerns ( including limited resources )
will be balanced against the rights of the ... longer term care or any model of mental health care , it is up to mental health practitioners and scientists to rethink