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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: 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: Marcia H. Rioux Publisher: Martinus Nijhoff Publishers ISBN: 9004189505 Category : Political Science Languages : en Pages : 569
Book Description
This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.
Author: Michael L. Perlin Publisher: ISBN: 9781594602108 Category : Human rights Languages : en Pages : 0
Book Description
The issue of the human rights of people with mental disabilities has been ignored for decades by the international agencies vested with the protection of human rights on a global scale. It is only within the past several years that society has begun to understand that violations of persons' mental disability rights are violations of human rights. This is the first and only casebook that considers the intersection between international human rights law and comparative mental disability law; it provides a systematic investigation of all of the relevant issues. Topics covered include a comparison of civil and common law systems, an overview of international human rights law, an overview of regional human rights tribunals, an overview of U.S. constitutional mental disability law, mental disability law in an international human rights context, comparative mental disability law (civil and common, scholarly articles and case law), the use of institutional psychiatry as a means of suppressing political dissension, the "universal factors" in this area of law, and the globalization of disability law.
Author: Mary Lou Breslin Publisher: BRILL ISBN: 9004478965 Category : Law Languages : en Pages : 523
Book Description
This volume describes the extraordinary success of the international political movement of people with disabilities to include disability as a human rights issue. The authors are renowned disability rights attorneys, university professors, and activists who practice, teach and work internationally. Published under the Transnational Publishers imprint.
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: Bernadette Mcsherry Publisher: Routledge ISBN: 1135016577 Category : Law Languages : en Pages : 367
Book Description
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
Author: Ilias Bantekas Publisher: Oxford Commentaries on Interna ISBN: 0198810660 Category : Law Languages : en Pages : 1377
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 articlebased 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 issuesarising from international disability law and practice, and will be an ideal resource for all working in the field.
Author: Melvyn Freeman Publisher: World Health Organization ISBN: 9789241562829 Category : Law Languages : en Pages : 204
Book Description
This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.
Author: Michael L. Perlin Publisher: Routledge ISBN: 1317187059 Category : Law Languages : en Pages : 234
Book Description
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.
Author: Michael L. Perlin
Author: Michael L. Perlin
Author: Marcia H. Rioux
Author: Michael L. Perlin
Author: Michael L. Perlin
Author: Mary Lou Breslin
Author: Peter Bartlett
Author: Bernadette Mcsherry
Author: Ilias Bantekas
Author: Melvyn Freeman
Author: Michael L. Perlin