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Author: Peter Bartlett Publisher: Martinus Nijhoff Publishers ISBN: 900415423X Category : Political Science Languages : en Pages : 433
Book Description
Mental disability has come of age as a subject of concern under the European Convention on Human Rights. It was only in 1979 that the first significant decision of the ECHR was decided on the subject, and after that, cases were relatively few for many years. It is only recently that this has begun to change. This volume provides an account of where the law currently stands and speculation as to how it may develop. The initial chapters deal with substantive aspects of Convention rights (including issues of detention in institutions, conditions within institutions, medical treatment, problems associated with guardianship and others). The final two chapters move to discuss the practicalities of litigation. The book concludes with a number of appendices (primarily the primary international legal materials of relevance to mental disability rights under the ECHR, and the relevant recommendations and principles from the Council of Europe). It is hoped that this volume, in addition to shedding light on where the law currently stands, will offer practical guidance to lawyers concerning the mechanics of representing people with mental disabilities.
Author: Peter Bartlett Publisher: Martinus Nijhoff Publishers ISBN: 900415423X Category : Political Science Languages : en Pages : 433
Book Description
Mental disability has come of age as a subject of concern under the European Convention on Human Rights. It was only in 1979 that the first significant decision of the ECHR was decided on the subject, and after that, cases were relatively few for many years. It is only recently that this has begun to change. This volume provides an account of where the law currently stands and speculation as to how it may develop. The initial chapters deal with substantive aspects of Convention rights (including issues of detention in institutions, conditions within institutions, medical treatment, problems associated with guardianship and others). The final two chapters move to discuss the practicalities of litigation. The book concludes with a number of appendices (primarily the primary international legal materials of relevance to mental disability rights under the ECHR, and the relevant recommendations and principles from the Council of Europe). It is hoped that this volume, in addition to shedding light on where the law currently stands, will offer practical guidance to lawyers concerning the mechanics of representing people with mental disabilities.
Author: Michael L. Perlin Publisher: Oxford University Press ISBN: 0195393236 Category : Law Languages : en Pages : 352
Book Description
Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems.
Author: Clements, Luke Publisher: Policy Press ISBN: 1861344252 Category : Political Science Languages : en Pages : 144
Book Description
Over the past two decades, there has been increasing recognition of the ways in which disabled children and adults have been denied human and civil rights that others take for granted. In the year 2000, the Human Rights Act 1998 came into force in the United Kingdom. This book reviews the implications of the Act for disabled people. The book provides a clear and accessible account of the potential of the Human Rights Act to make a positive difference in relation to issues that have been identified through research, policy development and political debate as significant in the lives of disabled people.
Author: Council of Europe Publisher: Council of Europe ISBN: Category : Political Science Languages : en Pages : 38
Book Description
The right of persons with disabilities to make choices about their lives and enjoy legal capacity on an equal basis with others is one of the most significant human rights issues in Europe today. Being recognised as someone who can make decisions is instrumental in taking control over one’s life and participating in society with others. This Issue Paper describes the challenges faced by Council of Europe member states in dealing with the issue. These include the flaws of current guardianship systems and procedures, the automatic loss of human rights of those placed under guardianship regimes and the pressing need to develop support alternatives giving persons with disabilities equal opportunities to shape their life paths. The paper outlines the applicable international human rights framework, including the UN Convention on the Rights of Persons with Disabilities and the relevant case-law of the European Court of Human Rights. It concludes with examples of good practice to show the way forward. The Commissioner’s Recommendations on legal capacity are published at the beginning of the document.
Author: Felicity Callard Publisher: John Wiley & Sons ISBN: 1119945828 Category : Medical Languages : en Pages : 349
Book Description
This book describes clearly how legislation can be used to advance the rights and entitlements of people with mental health problems. Straightforward and practical, it provides useful information on how to address disabilities so these people may enjoy full citizenship. It presents the key issues succinctly and illustrates these with legislative examples from around the world. This book documents the role that law can play, at all levels, in combating such discrimination and abuse.
Author: Ilias Bantekas Publisher: Oxford University Press ISBN: 0192538691 Category : Law Languages : en Pages : 1460
Book Description
This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.
Author: Council of Europe Publisher: Council of Europe ISBN: Category : Social Science Languages : en Pages : 60
Book Description
Recognising the right to live in the community is about enabling people to live their lives to their fullest within society and access the public sphere. A precondition for anyone to enjoy all their human rights, this right is taken for granted by the majority of the population, but is often denied to persons with disabilities, who are instead placed in segregated institutions or in settings which isolate them from the rest of the community. This Issue Paper describes the challenges faced by Council of Europe member states in complying with this right. It traces the right of people with disabilities to live independently and be included in the community to its origins in the most fundamental human rights standards both within the Council of Europe and United Nations systems. The paper draws on Article 19 of the UN Convention on the Rights of Persons with Disabilities to identify the various forms that violations of this right can take, and provides guidance for community-based responses governed by choice, in order to achieve inclusion and participation. The paper shows the link between the right to live in the community and other rights, notably the rightto equal recognition before the law (legal capacity). The Issue Paper ends with a sample of indicators and guidance questions to assess the transition from violationto implementation of the right to live in the community. The Commissioner’s recommendations on the right to live independently and be included in the community are published at the beginning of the document.
Author: Brendan D. Kelly Publisher: Routledge ISBN: 1317150589 Category : Medical Languages : en Pages : 232
Book Description
This book explores the human rights consequences of recent and ongoing revisions of mental health legislation in England and Ireland. Presenting a critical discussion of the World Health Organization's 'Checklist on Mental Health Legislation' from its Resource Book on Mental Health, Human Rights and Legislation, the author uses this checklist as a frame-work for analysis to examine the extent to which mental health legislation complies with the WHO human rights standards. The author also examines recent case-law from the European Court of Human Rights, and looks in depth at the implications of the United Nations Convention on the Rights of Persons with Disabilities for mental health law in England and Ireland. Focusing on dignity, human rights and mental health law, the work sets out to determine to what extent, if any, human rights concerns have influenced recent revisions of mental health legislation, and to what extent recent developments in mental health law have assisted in protecting and promoting the human rights of the mentally ill. The author seeks to articulate better, clearer and more connected ways to protect and promote the rights of the mentally ill though both law and policy.
Author: Peter Bartlett
Author: Peter Bartlett
Author: Michael L. Perlin
Author: Clements, Luke
Author: Council of Europe
Author: Felicity Callard
Author: Ilias Bantekas
Author: Margaret G. Wachenfeld
Author: Council of Europe
Author: Brendan D. Kelly
Author: Stanley S. Herr