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This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.
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.
Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems.
Examining the legal structure of the mental health system, this book explains the legal principles. It places them in the context of their practical application, the realities of patient life, and the complexities of organising care. This edition gives an analysis of the Mental Capacity Act, 2005 and the Draft Mental Health Bill.
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.
This is the definitive textbook on global mental health, an emerging priority discipline within global health, which places priority on improving mental health and achieving equity in mental health for all people worldwide.
People with mental disorders often suffer the worst conditions of life.This book is the first comprehensive survey of the mental health/human rights relationship. It examines the relationships and histories of mental health and human rights, and their interconnections with law, culture, ethnicity, class, economics, biology, and stigma.
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.
This book provides a systematic and interdisciplinary study of occupational mental health legislation in seven countries. The work presents a study of the laws, policies, and legal interpretations to help prevent mental health problems from occurring in the workplace and appropriately address problems once they do occur. With a view to improving provision in Japan, the author examines the legal issues relating to workplace mental health and stress in the USA, UK, Denmark, the Netherlands, France and Germany. In presenting a comparative discussion of mental health issues in the workplace, this book seeks to establish a minimum for legal rights and duties that contribute to prevention and not just compensation. With its detailed comparative and descriptive coverage of legal and related provisions in a range of countries, the book will be a valuable resource for academics, policy-makers and practitioners working in labour and employment law, social welfare, occupational health and human resource management.