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Rethinking Rights-Based Mental Health Laws (Paperback)
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Rethinking Rights-Based Mental Health Laws (Paperback)
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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.
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