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Who Qualifies for Rights? - Homelessness, Mental Illness, and Civil Commitment (Hardcover)
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Who Qualifies for Rights? - Homelessness, Mental Illness, and Civil Commitment (Hardcover)
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When does a person become disqualified for some or all of the
rights associated with full citizenship? Who does qualify for
rights? When mental health workers took Joyce Brown from her "home"
on a New York City sidewalk and hospitalized her against her will,
she defended herself by asserting her rights: to live where she
wanted, to speak to the press to deride the city's policy, and to
refuse unwanted psychiatric treatment. In theory, as a United
States citizen, Brown possessed rights protecting her from
governmental intrusion into her personal life. In practice, those
rights were curtailed at the time of her civil commitment.Using the
case of Joyce Brown as an example, Judith Lynn Failer explores the
theoretical, legal, and practical justifications for limiting the
rights of people who are involuntarily hospitalized. By looking at
the reasons why law and theory say that some people diagnosed with
mental illnesses no longer qualify for the full complement of
constitutional rights, the author pieces together basic assumptions
about who does, and who should, qualify for rights. Failer's
analysis is motivated by her concern that people facing involuntary
hospitalization stand to lose the most effective means they have of
protecting themselves from abuse their rights. She concludes that
there is insufficient guidance for deciding who qualifies for
regular rights and full citizenship. Finally, the author calls for
the use of flexible standards to determine who should and who does
qualify for rights."
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