Compulsory Mental Health Interventions and the CRPD PDF Download

Author: Anna Nilsson
Publisher: Bloomsbury Publishing
ISBN: 1509931597
Category : Law
Languages : en
Pages : 200

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Book Description
This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes and to improve compliance with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era.

Author: Anna Nilsson
Publisher: Bloomsbury Publishing
ISBN: 1509931570
Category : Law
Languages : en
Pages : 199

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Book Description
The Convention's approach to mental health care -- Putting mental health laws to the test -- Proportionality reasoning -- Proportionality and non-discrimination.

Author: Bernadette Mcsherry
Publisher: Routledge
ISBN: 1135016577
Category : Law
Languages : en
Pages : 367

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Book Description
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.

Author: Brendan D. Kelly
Publisher: Taylor & Francis
ISBN: 1000984915
Category : Law
Languages : en
Pages : 756

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Book Description
Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.

Author: Ilias Bantekas
Publisher: Oxford University Press
ISBN: 0192538683
Category : Law
Languages : en
Pages : 1377

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Book Description
This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.

Author: Piers Gooding
Publisher: Cambridge University Press
ISBN: 1107140749
Category : Law
Languages : en
Pages : 297

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Book Description
International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.

Author: Richard M. Duffy
Publisher: Springer Nature
ISBN: 9811550093
Category : Medical
Languages : en
Pages : 296

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Book Description
This book comprehensively discusses the background to the passing of India's revolutionary Mental Healthcare Act, 2017, offering a detailed description of the Act itself and a rigorous analysis in the context of the CRPD and the World Health Organization (WHO) standards for mental health law. It examines the fine balance, between complying with the CRPD while still delivering practical, humane, and implementable legislation. It explores how this legislation was shaped by the WHO standards and provides insights into areas where the Indian legislators deviated from these guidelines and why. Taking India as an example, it highlights what is possible in other low- and middle-income countries. Further it covers key issues in mental health, identifying potential competing interests and exploring the difficulties and limitations of international guidelines. The book is a valuable resource for psychiatrists, nurses, social workers, non-governmental organizations and all mental healthcare workers in India and anyone studying human rights law.

Author: World Health Organization
Publisher: World Health Organization
ISBN: 9241514019
Category : Medical
Languages : en
Pages : 72

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Book Description
Collects together data compiled from 177 World Health Organization Member States/Countries on mental health care. Coverage includes policies, plans and laws for mental health, human and financial resources available, what types of facilities providing care, and mental health programmes for prevention and promotion.

Author: Afzal Javed
Publisher: Springer
ISBN: 3319705547
Category : Medical
Languages : en
Pages : 729

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Book Description
This book is the newest edition on the series ‘advances in psychiatry’. The previous 3 volumes can be found online at http://www.wpanet.org/detail.php?section_id=10&content_id=660 . They were highly successful in covering a broad area of psychiatry from different perspectives and angles and by reflecting both specialized but also international and global approaches. This series have guaranteed quality therefore can be used by different scientific groups for teaching and learning and also as a means for fast dissemination of advanced research and transformation of research findings into the everyday clinical practice.

Author: Bo Chen
Publisher: Taylor & Francis
ISBN: 1000573052
Category : Law
Languages : en
Pages : 176

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Book Description
This book provides an important critique of mental health law and practice in China, with a focus on involuntary detention and treatment. The work explores China’s mental health law reform regarding treatment decision-making in the new era of the UN Convention on the Rights of Persons with Disabilities (CRPD). It adopts a socio-legal approach, not only by undertaking a comprehensive desk-based analysis of the reforms introduced by China’s Mental Health Law (MHL) but also examining its implementation based on evidence from practice. The book seeks to investigate whether China’s first national MHL takes a step closer to the requirements of the UN Convention on the Rights of Persons with Disabilities on mental health treatment decision-making, and, if not, why not? The book will be of interest to those working in the areas of mental health law and policy, medical law and disability, human rights law, and Asian Studies.