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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: 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: Kay Wilson
Publisher: Oxford University Press
ISBN: 0192654950
Category : Law
Languages : en
Pages : 256
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Book Description
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.
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: Michael Ashley Stein
Publisher: Cambridge University Press
ISBN: 1108838855
Category : Law
Languages : en
Pages : 451
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Book Description
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
Author: Kay Wilson
Publisher: Taylor & Francis
ISBN: 1000954781
Category : Law
Languages : en
Pages : 284
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Book Description
This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus.
Author: Franziska Felder
Publisher: Springer Nature
ISBN: 3030865452
Category : Social Science
Languages : en
Pages : 268
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Book Description
This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.
Author: Sonia Allan
Publisher: Elsevier Health Sciences
ISBN: 0729598799
Category : Medical
Languages : en
Pages : 332
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Book Description
Law and Ethics for Health Practitioners provides clear and succinct information that demystifies legal, ethical and regulatory principles and their implications for clinical practice. Accessible and easy to follow, the book provides a clear and concise introduction to the Australian legal and health systems, discussion of legal rules and regulations that govern health practice, and a guide to ethical principles, theories and approaches to support health practitioner decision making and practice. It is an essential resource presenting well-researched information in an easy-to-understand way, and practical guidance for health practitioners to apply the concepts discussed to their daily work. This book is ideal for students undertaking a law and ethics unit in any health or medical course, as well as being an excellent resource for health practitioners practising in areas ranging from medicine to nursing, dentistry, occupational therapy, physiotherapy, podiatry, psychology or any other allied health profession. - Makes dry legal and ethical content interesting and easy to follow – accessible for all students and health practitioners. - Clear and succinct explanations of current laws, ethical principles and theories make learning and application to practice easy. - Explores hot topics such as consent, child and elder abuse, end-of-life decision making, management of health information, mental health legislation, negligence, tissue and organ donation, the regulation of drugs and poisons, and more. - Provides practical information about working with legal representatives. - Applied case examples link theory to clinical practice. - Suitable for students and practitioners of a wide variety of health disciplines. - Written by an expert in health law with contributions from health practitioners who provide practical insight into issues faced in diverse areas of clinical practice. New to this edition - Fully updated throughout - Additional coverage of how the law and ethics interact, ethical theories, decision making, leadership and self-care, now discussed across three chapters - Ethical considerations embedded throughout legal chapters where appropriate to further consolidate how the law and ethics may interact - New and expanded coverage and guidance to assist health practitioners who must work with legal representatives, and appear in court - A new chapter on alternative dispute resolution and tribunals Instructor resources on Evolve: - PowerPoints Student and Instructor resources on Evolve: - MCQs - Weblinks - Image library
Author: Anna Nilsson
Publisher: Bloomsbury Publishing
ISBN: 1509931597
Category : Law
Languages : en
Pages : 199
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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: Samuel O. Okpaku
Publisher: Springer Nature
ISBN: 303057296X
Category : Medical
Languages : en
Pages : 2272
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Book Description
Over the course of the last decade, political and mental entities at large have embraced global mental health: the idea that psychiatric health is vital to improved quality of life. Physicians globally have implemented guidelines recommended by the National Institute of Mental Health (NIMH) in 2007, thereby breaking down barriers to care and improving quality of life in areas where these practices have been implemented. Programs for training and education have expanded as a result. Clinicians benefit more from both local resources in some regions as well as in international collaboration and technological advancements. Even amidst all of these positive outcomes, clinicians still face some stumbling blocks. With worldwide statistics estimating that 450 million people struggle with mental, neuropsychiatric, and neurological disorders—25 percent of the world’s non-communicable disease burden—rising to these challenges prove to be no small feat, even in wealthy Western nations. Various articles and books have been published on global mental health, but few of them thoroughly cover the clinical, research, innovative, and social implications as they pertain to psychiatry; often, only one of these aspects is covered. A comprehensive text that can keep pace with the rapidly evolving literature grows more and more valuable each day as clinicians struggle to piece together the changes around the world that leave open the possibility for improved outcomes in care. This book seeks to boldly rectify this situation by identifying innovative models of service delivery, training, education, research funding, and payment systems that have proven to be exemplary in implementation and scalability or have potential for scalability. Chapters describe specific barriers and challenges, illuminating effective strategies for improved outcomes. This text is the first peer-reviewed resource to gather prestigious physicians in global mental health from around the world and disseminate their expertise in the medical community at large in a format that is updateable, making it a truly cutting-edge resource in a world constantly changed by medical, scientific, and technological advances. Innovations in Global Mental Health is the ultimate resource for psychiatrists, psychologists, primary care physicians, hospitalists, policy makers, and all medical professionals at the forefront of global mental health and its implications for the future.
Author: Anna Arstein-Kerslake (Ed.)
Publisher: MDPI
ISBN: 3038972509
Category : Law
Languages : en
Pages : 241
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Book Description
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws
