Compulsory Mental Health Interventions And The Crpd

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Compulsory Mental Health Interventions and the CRPD

Anna Nilsson
Compulsory Mental Health Interventions and the CRPD Book PDF

Author : Anna Nilsson
Publisher : Bloomsbury Publishing
Page : 200 pages
File Size : 40,5 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509931590

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Compulsory Mental Health Interventions and the CRPD by Anna Nilsson Pdf

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.

A New Era for Mental Health Law and Policy

Piers Gooding
A New Era for Mental Health Law and Policy Book PDF

Author : Piers Gooding
Publisher : Cambridge University Press
Page : 297 pages
File Size : 44,9 Mb
Release : 2017-10-13
Category : Political Science
ISBN : 9781108509459

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A New Era for Mental Health Law and Policy by Piers Gooding Pdf

The Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy. In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear. In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the 'will, preference and rights' of persons with disabilities 'on an equal basis with others'. This book explores the implications of the CRPD for law, policy and practice that respond to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds the potential to address persistent shortcomings in mental health law and policy.

Routledge Handbook of Mental Health Law

Brendan D. Kelly,Mary Donnelly
Routledge Handbook of Mental Health Law Book PDF

Author : Brendan D. Kelly,Mary Donnelly
Publisher : Taylor & Francis
Page : 756 pages
File Size : 52,6 Mb
Release : 2023-10-12
Category : Law
ISBN : 9781000984910

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Routledge Handbook of Mental Health Law by Brendan D. Kelly,Mary Donnelly Pdf

Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.

Mental Health Law in China

Bo Chen
Mental Health Law in China Book PDF

Author : Bo Chen
Publisher : Taylor & Francis
Page : 176 pages
File Size : 52,6 Mb
Release : 2022-05-01
Category : Law
ISBN : 9781000573053

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Mental Health Law in China by Bo Chen Pdf

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.

Medical Law and Ethics

Jonathan Herring
Medical Law and Ethics Book PDF

Author : Jonathan Herring
Publisher : Oxford University Press
Page : 729 pages
File Size : 41,6 Mb
Release : 2022-04-25
Category : Medical ethics
ISBN : 9780192856562

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Medical Law and Ethics by Jonathan Herring Pdf

Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Digital formats and resources The ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include: complete bibliography and list of further reading; links to key cases; a video from the author which introduces the book; links to key sites with information on medical law and ethics; and answer guidance to one question per chapter.

The UN Convention on the Rights of Persons with Disabilities

Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou
The UN Convention on the Rights of Persons with Disabilities Book PDF

Author : Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou
Publisher : Oxford University Press
Page : 1460 pages
File Size : 48,8 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780192538697

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The UN Convention on the Rights of Persons with Disabilities by Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou Pdf

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.

Healthcare, Quality Concerns and Competition Law

Theodosia Stavroulaki
Healthcare Quality Concerns and Competition Law Book PDF

Author : Theodosia Stavroulaki
Publisher : Bloomsbury Publishing
Page : 291 pages
File Size : 44,6 Mb
Release : 2023-01-26
Category : Law
ISBN : 9781509943357

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Healthcare, Quality Concerns and Competition Law by Theodosia Stavroulaki Pdf

Market driven healthcare is massively divisive. Opponents argue that a competition approach to medical treatment negatively impacts on quality, while advocates point to increased efficiencies. This book casts a critical eye over both positions to show that the concerns over quality are in fact real. Taking a two part approach, it unveils the fault lines along which healthcare provision and the pursuit of quality would in certain cases clash. It then shows how competition authorities can only effectively assess competition concerns when they ask the fundamental question of how the concept of healthcare quality should be defined and factored into their decisions. Drawing on UK, US and EU examples, it explores antitrust and merger cases in hospital, medical and health insurance markets to give an accurate depiction of the reality and challenges of regulating competition in healthcare provision.

Not What The Bus Promised

Tamara Hervey,Ivanka Antova,Mark L Flear,Matthew Wood
Not What The Bus Promised Book PDF

Author : Tamara Hervey,Ivanka Antova,Mark L Flear,Matthew Wood
Publisher : Bloomsbury Publishing
Page : 279 pages
File Size : 42,6 Mb
Release : 2023-10-05
Category : Law
ISBN : 9781509951512

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Not What The Bus Promised by Tamara Hervey,Ivanka Antova,Mark L Flear,Matthew Wood Pdf

What does the UK's exit from the EU mean for health and the NHS? This book explains the legal and practical implications of Brexit on the NHS: its staffing; especially on the island of Ireland; medicines, medical devices and equipment; and biomedical research. It considers the UK's post-Brexit trade agreements and what they mean for health, and discusses the effects of the COVID-19 pandemic on post-Brexit health law. To put the legal analysis in context, the book draws on over 400 conversations the authors had with people in the north of England and Northern Ireland, interviews with over 40 health policy stakeholders, details of a film about their research made with ShoutOut UK, the authors' work with Parliaments and governments across the UK, and their collaborations with key actors like the NHS Confederation, the British Medical Association, and Cancer Research UK. The book shows that the language people use to talk about hoped-for legitimate post-Brexit health governance suggests a great deal of faith in law and legal process among 'ordinary people', but the opposite from 'insider elites'. Not What The Bus Promised puts the authors' knowledge and experiences centre frame, rather than claiming to express 'objective reality'. It will be of interest to any reader who cares about the NHS and wants to understand its present and future.

Regulation, Innovation and Competition in Pharmaceutical Markets

Margherita Colangelo
Regulation Innovation and Competition in Pharmaceutical Markets Book PDF

Author : Margherita Colangelo
Publisher : Bloomsbury Publishing
Page : 257 pages
File Size : 43,5 Mb
Release : 2023-04-20
Category : Law
ISBN : 9781509965526

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Regulation, Innovation and Competition in Pharmaceutical Markets by Margherita Colangelo Pdf

This book explores the fundamental and inextricable relationship between regulation, intellectual property, competition law, and public health in pharmaceutical markets, examining their interconnections and the delicate balance between the various interests and policy goals at stake. Although pharmaceutical markets are heavily regulated and subject to close antitrust scrutiny, there is a constant requirement for existing rules and policies to tackle a number of persistent, complex issues. The variety of anti-competitive practices occurring in this sector, the worrying rise in drug prices, and major, far-reaching concerns over the accessibility of medicines are sources of frequent controversy in academic and policy debates. Understanding the unique features and dynamics of the pharmaceutical industry requires a tailored and multifaceted approach. The study is enhanced by the adoption of a comparative perspective, tracing convergence and divergence between EU and US systems through the analysis of relevant applicable rules, significant cases, and policy choices. Pursuant to this rigorous approach, the book provides an original and thought-provoking critique of the challenges of regulating pharmaceutical markets.

The Legacies of Institutionalisation

Claire Spivakovsky,Linda Steele,Penelope Weller
The Legacies of Institutionalisation Book PDF

Author : Claire Spivakovsky,Linda Steele,Penelope Weller
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 41,8 Mb
Release : 2020-07-09
Category : Law
ISBN : 9781509930753

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The Legacies of Institutionalisation by Claire Spivakovsky,Linda Steele,Penelope Weller Pdf

This is the first collection to examine the legal dynamics of deinstitutionalisation. It considers the extent to which some contemporary laws, policies and practices affecting people with disabilities are moving towards the promised end point of enhanced social and political participation in the community, while others may instead reinstate, continue or legitimate historical practices associated with this population's institutionalisation. Bringing together 20 contributors from the UK, Canada, Australia, Spain and Indonesia, the book speaks to overarching themes of segregation and inequality, interlocking forms of oppression and rights-based advancements in law, policy and practice. Ultimately this collection brings forth the possibilities, limits and contradictions in the roles of law and policy in processes of institutionalisation and deinstitutionalisation, and directs us towards a more nuanced and sustained scholarly and political engagement with these issues.

India’s Mental Healthcare Act, 2017

Richard M. Duffy,Brendan D. Kelly
India s Mental Healthcare Act 2017 Book PDF

Author : Richard M. Duffy,Brendan D. Kelly
Publisher : Springer Nature
Page : 296 pages
File Size : 50,5 Mb
Release : 2020-05-18
Category : Medical
ISBN : 9789811550096

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India’s Mental Healthcare Act, 2017 by Richard M. Duffy,Brendan D. Kelly Pdf

This book comprehensively discusses the background to the passing of India's revolutionary Mental Healthcare Act, 2017, offering a detailed description of the Act itself and a rigorous analysis in the context of the CRPD and the World Health Organization (WHO) standards for mental health law. It examines the fine balance, between complying with the CRPD while still delivering practical, humane, and implementable legislation. It explores how this legislation was shaped by the WHO standards and provides insights into areas where the Indian legislators deviated from these guidelines and why. Taking India as an example, it highlights what is possible in other low- and middle-income countries. Further it covers key issues in mental health, identifying potential competing interests and exploring the difficulties and limitations of international guidelines. The book is a valuable resource for psychiatrists, nurses, social workers, non-governmental organizations and all mental healthcare workers in India and anyone studying human rights law.

Innovations in Global Mental Health

Samuel O. Okpaku
Innovations in Global Mental Health Book PDF

Author : Samuel O. Okpaku
Publisher : Springer Nature
Page : 2272 pages
File Size : 48,6 Mb
Release : 2021-11-02
Category : Medical
ISBN : 9783030572969

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Innovations in Global Mental Health by Samuel O. Okpaku Pdf

Over the course of the last decade, political and mental entities at large have embraced global mental health: the idea that psychiatric health is vital to improved quality of life. Physicians globally have implemented guidelines recommended by the National Institute of Mental Health (NIMH) in 2007, thereby breaking down barriers to care and improving quality of life in areas where these practices have been implemented. Programs for training and education have expanded as a result. Clinicians benefit more from both local resources in some regions as well as in international collaboration and technological advancements. Even amidst all of these positive outcomes, clinicians still face some stumbling blocks. With worldwide statistics estimating that 450 million people struggle with mental, neuropsychiatric, and neurological disorders—25 percent of the world’s non-communicable disease burden—rising to these challenges prove to be no small feat, even in wealthy Western nations. Various articles and books have been published on global mental health, but few of them thoroughly cover the clinical, research, innovative, and social implications as they pertain to psychiatry; often, only one of these aspects is covered. A comprehensive text that can keep pace with the rapidly evolving literature grows more and more valuable each day as clinicians struggle to piece together the changes around the world that leave open the possibility for improved outcomes in care. This book seeks to boldly rectify this situation by identifying innovative models of service delivery, training, education, research funding, and payment systems that have proven to be exemplary in implementation and scalability or have potential for scalability. Chapters describe specific barriers and challenges, illuminating effective strategies for improved outcomes. This text is the first peer-reviewed resource to gather prestigious physicians in global mental health from around the world and disseminate their expertise in the medical community at large in a format that is updateable, making it a truly cutting-edge resource in a world constantly changed by medical, scientific, and technological advances. Innovations in Global Mental Health is the ultimate resource for psychiatrists, psychologists, primary care physicians, hospitalists, policy makers, and all medical professionals at the forefront of global mental health and its implications for the future.

The UN Convention on the Rights of Persons with Disabilities

Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou
The UN Convention on the Rights of Persons with Disabilities Book PDF

Author : Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou
Publisher : Oxford University Press
Page : 1460 pages
File Size : 51,5 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780192538680

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The UN Convention on the Rights of Persons with Disabilities by Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou Pdf

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.

Supporting Legal Capacity in Socio-Legal Context

Mary Donnelly,Rosie Harding,Ezgi Tascioglu
Supporting Legal Capacity in Socio Legal Context Book PDF

Author : Mary Donnelly,Rosie Harding,Ezgi Tascioglu
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 44,5 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781509940363

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Supporting Legal Capacity in Socio-Legal Context by Mary Donnelly,Rosie Harding,Ezgi Tascioglu Pdf

This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

The United Nations Convention on the Rights of Persons with Disabilities

Valentina Della Fina,Rachele Cera,Giuseppe Palmisano
The United Nations Convention on the Rights of Persons with Disabilities Book PDF

Author : Valentina Della Fina,Rachele Cera,Giuseppe Palmisano
Publisher : Springer
Page : 769 pages
File Size : 48,7 Mb
Release : 2017-01-20
Category : Law
ISBN : 9783319437903

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The United Nations Convention on the Rights of Persons with Disabilities by Valentina Della Fina,Rachele Cera,Giuseppe Palmisano Pdf

This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.