000			02923 a2200265 4500
999			_c2731 _d2731
005			20240910152209.0
008			240910b ||||| |||| 00| 0 eng d
020			_a9781849460835
041			_aeng
082			_a344.04 MCS/R
100			_aMcSherry, Bernadette _99443
100			_aWeller, Penelope _99444
245			_aRethinking rights-based mental health laws
260			_bHart publishing -- _aUnited Kingdom -- _c2010
300			_axxxiii, 430p.
500			_aPrelims; Acknowledgements; Table of Contents; List of Contributors; Table of Cases; Table of Legislation; Table of International Instruments; Part 1 Introduction; 1 Rethinking Rights-Based Mental Health Laws; Part 2 Historical Foundations; 2 Institutionalising the Community: The Codification of Clinical Authority and the Limits of Rights-Based Approaches; 3 Lost in Translation: Human Rights and Mental Health Law; 4 The Fusion Proposal: A Next Step?; Part 3 The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities
520			_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.
650			_aSocial science _98093
650			_aLabor _99445
650			_aSocial service _98175
650			_aEducation _98094
650			_aCultural law _99446
650			_aMentally Ill persons _99447
942			_cBK