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This major new work provides a comprehensive account of the law concerning mental health in England and Wales. Written and edited by a leading group of national and international authorities this book presents a detailed examination of the Mental Health Act 1983 and the changes introduced by the new Mental Health Act 2007
The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights. The book covers topics including: refusing treatment new approaches in human rights international perspectives in mental health law the right to demand treatment. The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers.
"This book provides a comprehensive overview of Canadian public health law and policy. Written and edited by leading health law scholars and featuring contributions from legal and health experts from across the country, it offers an in-depth analysis of current critical public health issues."--
International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.
In Canada, at least 5 percent of the population suffers from a serious, persistent mental illness such as schizophrenia or bipolar disorder. While recent years have seen many changes and improvements in the way we respond to the needs of mentally ill persons, there remain divisions of opinion among stakeholder groups about the way mental health services are delivered. Community Mental Health in Canada offers a timely, critical overview of the provision of public mental health services in Canada, looking at where we have come from, the current situation, and where we may be heading. Concise, yet comprehensive, coverage includes: the prevalence and impact of mental illness in Canada the complementary and conflicting interests of stakeholder groups, such as mental health professionals, clients, families, government, and drug companies current and developing initiatives in treatment, rehabilitation, housing, and criminal justice programs the clinical benefits and costs of particular interventions, among them pharmacotherapy and cognitive-behavioural treatments the recovery model diversity and cultural competence the legal and ethical basis of mental health practice, particularly as it applies to the use of coercion and involuntary treatment Community Mental Health in Canada fills a gap in the literature in its analysis of both clinical mental health practice as well as the structural context within which it is situated. An indispensable resource for students, practitioners, and policymakers, it also is essential reading for all those interested in how services are provided to our most vulnerable citizens.
High-profile legal cases involving individuals with mental health challenges often address complex issues that confront previous decisions of the courts, influence or change existing social policies, and ultimately have a profound impact on the daily practice of mental health professionals and the lives of their patients. Providing in-depth context into milestone cases in forensic mental health, this book addresses issues such as the confidentiality of mental health records, criminal responsibility, fitness to stand trial, the right of individuals to refuse mental health treatment, and the duty of mental health practitioners to warn and protect individuals who may be at risk of harm at the hands of a patient. The authors explore the social and political context in which these cases occurred, incorporating court decisions, contemporaneous media articles, and legal reviews in the analysis. Graham Glancy and Cheryl Regehr, who are experts in the field of forensic psychiatry, draw upon their own practice, in addition to scholarly literature, to describe the impact of the decisions rendered by the courts in the area of mental health and offer practical guidelines for professionals working at the interface of law and mental health.