LEADER 05366nam 22005891 450 001 9910791874903321 005 20101230105633.0 010 $a1-4742-0071-0 010 $a1-282-98453-5 010 $a9786612984532 010 $a1-84731-596-8 024 7 $a10.5040/9781474200714 035 $a(CKB)2560000000060171 035 $a(EBL)655576 035 $a(OCoLC)703137778 035 $a(SSID)ssj0000487071 035 $a(PQKBManifestationID)11929879 035 $a(PQKBTitleCode)TC0000487071 035 $a(PQKBWorkID)10458771 035 $a(PQKB)10064817 035 $a(MiAaPQ)EBC1772659 035 $a(MiAaPQ)EBC655576 035 $a(UtOrBLW)bpp09256715 035 $a(Au-PeEL)EBL655576 035 $a(EXLCZ)992560000000060171 100 $a20140929d2010 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 00$aRethinking rights-based mental health laws /$fedited by Bernadette McSherry and Penelope Weller 205 $a1st ed. 210 1$aOxford ;$aPortland, Oregon :$cHart Publishing,$d2010. 215 $a1 online resource (464 p.) 300 $aDescription based upon print version of record. 311 $a1-84946-083-3 320 $aIncludes bibliographical references and index. 327 $aPART 1 INTRODUCTION. 1 Rethinking Rights-Based Mental Health Laws / Bernadette McSherry and Penelope Weller -- PART 2 HISTORICAL FOUNDATIONS. 2 Institutionalising the Community: The Codification of Clinical Authority and the Limits of Rights-Based Approaches / Philip Fennell ; 3 Lost in Translation: Human Rights and Mental Health Law / Penelope Weller ; 4 The Fusion Proposal: A Next Step? / Neil Rees -- PART 3 THE INTERNATIONAL HUMAN RIGHTS FRAMEWORK AND THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES. 5 The Expressive, Educational and Proactive Roles of Human Rights: An Analysis of the United Nations Convention on the Rights of Persons with Disabilities / Oliver Lewis ; 6 Involuntary Treatment Decisions: Using Negotiated Silence to Facilitate Change? / Annegret Ka?mpf ; 7 Abolishing Mental Health Laws to Comply with the Convention on the Rights of Persons with Disabilities / Tina Minkowitz -- PART 4 GAPS BETWEEN LAWAND PRACTICE. 8 Rights-Based Legalism: Some Thoughts from the Research / Genevra Richardson -- 9 Extra-Legislative Factors in Involuntary Status Decision-Making / Ian Freckelton -- 10 Civil Admission Following a Finding of Unfitness to Plead / Jill Peay -- PART 5 REVIEW PROCESSES AND THE ROLE OF TRIBUNALS. 11 Involuntary Mental Health Treatment Laws: The 'Rights' and the Wrongs of Competing Models? / Terry Carney ; 12 Reviews of Treatment Decisions: Legalism, Process and the Protection of Rights / Mary Donnelly ; 13 Mental Health Law and Its Discontents: A Reappraisal of the Canadian Experience / Joaquin Zuckerberg ; 14 Compulsory Outpatient Treatment and the Calculus of Human Rights / John Dawson -- PART 6 ACCESS TO MENTAL HEALTH SERVICES. 15 Rights-Based Legalism and the Limits of Mental Health Law: The United States of America's Experience / John Petrila ; 16 The Right of Access to Mental Health Care: Voluntary Treatment and the Role of the Law / Bernadette McSherry ; 17 Thinking About the Rest of the World: Mental Health and Rights Outside the 'First World' / Peter Bartlett. 330 $a"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."--Bloomsbury Publishing. 606 $aMental health laws 606 $2Mental health law 615 0$aMental health laws. 676 $a344.04/4 702 $aMcSherry$b Bernadette 702 $aWeller$b Penelope 801 0$bUtOrBLW 801 1$bUtOrBLW 906 $aBOOK 912 $a9910791874903321 996 $aRethinking rights-based mental health laws$93697234 997 $aUNINA