Dignity Mental Health and Human Rights Coercion and the Law 1st Edition by Brendan Kelly – Ebook PDF Instant Download/Delivery: 1472450329, 9781472450326
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Product details:
ISBN 10: 1472450329
ISBN 13: 9781472450326
Author: Brendan D. Kelly
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.
Table of contents:
1 Mental Disorder and Human Rights
Background
The Nature and Burden of Mental Disorder
Human Rights and Mental Health
The Universal Declaration of Human Rights
The European Convention on Human Rights
United Nations Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care
Human Rights, Human Dignity and Paternalism
2 Mental Health Legislation in England and Ireland: Background to Current Mental Health Legislation
Issues Driving Reform of Mental Health Legislation
Specific Legislative Provisions in England and Ireland
Definition of Mental Disorder
Criteria for Detention
Professional Roles
The Role of Families
Supervised Community Treatment
Safeguards Regarding Electroconvulsive Therapy
Mental Health Tribunals and Other Reviews
Paternalism
Overall Assessment
3 Human Rights and Mental Health Law: International Human Rights Standards for National Mental Health Legislation
To What Extent Does National Mental Health Legislation Comply with International Human Rights Standards?
Areas of High Compliance with WHO Human Rights Standards
Areas of Medium Compliance with WHO Human Rights Standards
Special treatments, seclusion and restraint
Various other matters
Areas of Low Compliance with WHO Human Rights Standards
Emergency treatment
Economic and social rights
Summary: Areas of High, Medium and Low Compliance with WHO Standards
4 United Nations Convention on the Rights of Persons with Disabilities
Introduction
Purpose and Purview of the CRPD
Definition of ‘Disability’ in the CRPD
General Principles
Equality and Non-Discrimination
Access to Justice and the Law
Liberty and Security of Person
Other CRPD Provisions
The Optional Protocol: Communication of Alleged Violations of the CRPD
Overall Assessment: The CRPD and Mental Health Legislation
Key Unresolved Issues
5 Changing the Law: The Example of Ireland
Introduction
The Assisted Decision-Making (Capacity) Bill 2013
Capacity
Principles
Assisted Decision-Making
Co-Decision-Maker
Decision-Making Representative
Enduring Power of Attorney
Various Other Matters
Key Issues Arising from the Assisted Decision-Making (Capacity) Bill 2013
Challenges for the Future
6 Human Rights and Mental Health Law: An Evolving Relationship
The European Dimension and Mental Health Policy
Key Values Underpinning Human Rights
Human Rights and Mental Disorder: The Third Wave
Conclusions
7 Conclusions: Mental Disorder and Human Rights
Introduction
Key Conclusions
Human Rights Considerations Have Helped Shape Mental Health Legislation
Mental Health Legislation Protects Certain Human Rights
Useful Directions for Future Research
The Outcome of Mental Health Legislation
The ‘Third Wave’ of Human Rights in Mental Health
Trans-national Influences on National Mental Health Law
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