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New Law and Ethics in Mental Health Advance Directives

New Law and Ethics in Mental Health Advance Directives PDF Author: Penelope Weller
Publisher: Routledge
ISBN: 0415532949
Category : Law
Languages : en
Pages : 210

Book Description
The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights. The book covers topics including: refusing treatment new approaches in human rights international perspectives in mental health law the right to demand treatment. The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers.

New Law and Ethics in Mental Health Advance Directives

New Law and Ethics in Mental Health Advance Directives PDF Author: Penelope Weller
Publisher: Routledge
ISBN: 0415532949
Category : Law
Languages : en
Pages : 210

Book Description
The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights. The book covers topics including: refusing treatment new approaches in human rights international perspectives in mental health law the right to demand treatment. The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers.

Advance Directives

Advance Directives PDF Author: Peter Lack
Publisher: Springer Science & Business Media
ISBN: 9400773773
Category : Medical
Languages : en
Pages : 213

Book Description
This volume gives an overview on the currently debated ethical issues regarding advance directives from an international perspective. It focuses on a wider understanding of the known and widely accepted concept of patient self-determination for future situations. Although advance directives have been widely discussed since the 1980s, the ethical bases of advance directives still remain a matter of heated debates. The book aims to contribute to these controversial debates by integrating fundamental ethical issues on advance directives with practical matters of their implementation. Cultural, national and professional differences in how advance directives are understood by health care professions and by patients, as well as in laws and regulations, are pinpointed.

Advance Directives in Mental Health

Advance Directives in Mental Health PDF Author: Jacqueline Atkinson
Publisher: Jessica Kingsley Publishers
ISBN: 9781846426681
Category : Medical
Languages : en
Pages : 216

Book Description
An advance directive is a way of making a person's views known if he or she should become mentally incapable of giving consent to treatment, or making informed choices about treatment, at some future time. Advance Directives in Mental Health is a comprehensive and accessible guide for mental health professionals advising service users on their choices about treatment in the event of future episodes of mental illness, covering all ideological, legal and medical aspects of advance directives. Jacqueline Atkinson explains their origins and significance in the context of mental health legislation and compares advance directives in mental health with those in other areas of medicine like dementia or terminal illness, offering a general overview of the differences in the laws of various English-speaking countries. She explores issues of autonomy and responsibility in mental health and gives practical advice on how to set up, implement and change advance directives. The book offers a useful overview of advance directives and is a key reference for all mental health professionals as well as postgraduate students, lawyers who work with mentally ill people, service users and their families and carers.

A New Era for Mental Health Law and Policy

A New Era for Mental Health Law and Policy PDF Author: Piers Gooding
Publisher: Cambridge University Press
ISBN: 1107140749
Category : Law
Languages : en
Pages : 297

Book Description
International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.

Compulsory Interventions in Psychiatry: an Overview on the Current Situation and Recommendations for Prevention and Adequate Use

Compulsory Interventions in Psychiatry: an Overview on the Current Situation and Recommendations for Prevention and Adequate Use PDF Author: Christian Huber
Publisher: Frontiers Media SA
ISBN: 2889665038
Category : Medical
Languages : en
Pages : 373

Book Description


Mental Health Law in China

Mental Health Law in China PDF Author: Bo Chen
Publisher: Taylor & Francis
ISBN: 1000573052
Category : Law
Languages : en
Pages : 176

Book Description
This book provides an important critique of mental health law and practice in China, with a focus on involuntary detention and treatment. The work explores China’s mental health law reform regarding treatment decision-making in the new era of the UN Convention on the Rights of Persons with Disabilities (CRPD). It adopts a socio-legal approach, not only by undertaking a comprehensive desk-based analysis of the reforms introduced by China’s Mental Health Law (MHL) but also examining its implementation based on evidence from practice. The book seeks to investigate whether China’s first national MHL takes a step closer to the requirements of the UN Convention on the Rights of Persons with Disabilities on mental health treatment decision-making, and, if not, why not? The book will be of interest to those working in the areas of mental health law and policy, medical law and disability, human rights law, and Asian Studies.

Cultural Sociology of Mental Illness

Cultural Sociology of Mental Illness PDF Author: Andrew Scull
Publisher: SAGE Publications
ISBN: 1483346331
Category : Reference
Languages : en
Pages : 1161

Book Description
Cultural Sociology of Mental Illness: An A to Z Guide looks at recent reports that suggest an astonishing rise in mental illness and considers such questions as: Are there truly more mentally ill people now or are there just more people being diagnosed and treated? What are the roles of economics and the pharmacological industry in this controversy? At the core of what is going on with mental illness in America and around the world, the editors suggest, is cultural sociology: How differing cultures treat mental illness and, in turn, how mental health patients are affected by the culture. In this illuminating multidisciplinary reference, expert scholars explore the culture of mental illness from the non-clinical perspectives of sociology, history, psychology, epidemiology, economics, public health policy, and finally, the mental health patients themselves. Key themes include Cultural Comparisons of Mental Health Disorders; Cultural Sociology of Mental Illness Around the World; Economics; Epidemiology; Mental Health Practitioners; Non-Drug Treatments; Patient, the Psychiatry, and Psychology; Psychiatry and Space; Psychopharmacology; Public Policy; Social History; and Sociology. Key Features This two-volume A-Z work, available in both print and electronic formats, includes close to 400 articles by renowned experts in their respective fields. An Introduction, a thematic Reader’s Guide, a Glossary, and a Resource Guide to Key Books, Journals, and Associations and their web sites enhance this invaluable reference. A chronology places the cultural sociology of mental illness in historical context. 150 photos bring concepts to life. The range and scope of this Encyclopedia is vivid testimony to the intellectual vitality of the field and will make a useful contribution to the next generation of sociological research on the cultural sociology of mental illness.

Managing Fear

Managing Fear PDF Author: Bernadette McSherry
Publisher: Routledge
ISBN: 1136215166
Category : Psychology
Languages : en
Pages : 262

Book Description
Managing Fear examines the growing use of risk assessment as it relates to preventive detention and supervision schemes for offenders perceived to be at a high risk of re-offending, individuals with severe mental illness, and suspected terrorists. It outlines a number of legislative regimes in common law countries that have broadened ‘civil’ (as opposed to criminal) powers of detention and supervision. Drawing on the disciplines of criminology and social psychology, it explores how and why such schemes reflect a move towards curtailing liberty before harm results rather than after a crime has occurred. Human rights and ethical issues concerning the role of mental health practitioners in assessing risk for the purposes of preventive detention and supervision are explored, and regimes that require evidence from mental health practitioners are compared with those that rely on decision-makers’ notions of ‘reasonable belief’ concerning the risk of harm. Case studies are used to exemplify some of the issues relating to how governments have attempted to manage the fear of future harm. This book aims to educate mental health practitioners in the law relating to preventive detention and supervision schemes and how the legal requirements differ from clinical assessment practices; examine the reasons why there has been a recent renewal of preventive detention and supervision schemes in common law countries; provide a comparative overview of existing preventive detention and supervision schemes; and analyse the human rights implications and the ethics of using forensic risk assessment techniques for preventive detention and supervision schemes.

Compulsory Mental Health Interventions and the CRPD

Compulsory Mental Health Interventions and the CRPD PDF Author: Anna Nilsson
Publisher: Bloomsbury Publishing
ISBN: 1509931597
Category : Law
Languages : en
Pages : 200

Book Description
This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes and to improve compliance with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era.

Advance Directives: Rethinking Regulation, Autonomy & Healthcare Decision-Making

Advance Directives: Rethinking Regulation, Autonomy & Healthcare Decision-Making PDF Author: Hui Yun Chan
Publisher: Springer
ISBN: 3030009769
Category : Philosophy
Languages : en
Pages : 173

Book Description
This book offers a new perspective on advance directives through a combined legal, ethical and philosophical inquiry. In addition to making a significant and novel theoretical contribution to the field, the book has an interdisciplinary and international appeal. The book will help academics, healthcare professionals, legal practitioners and the educated reader to understand the challenges of creating and implementing advance directives, anticipate clinical realities, and preparing advance directives that reflect a higher degree of assurance in terms of implementation.