The Interpretive Framework and the Reform (as opposed to the Abolition) of Mental Health Law

2021 ◽  
pp. 167-202
Author(s):  
Kay Wilson
Keyword(s):  
Mental Health ◽  
Health System ◽  
Mental Health System ◽  
Mental Capacity ◽  
Health Law ◽  
Social Reforms ◽  
Mental Health Law ◽  
Inherent Dignity ◽  
Interpretive Framework ◽  
Support Model

Having rejected the abolition of mental health law in Chapters 4 to 7, Chapter 8 explores the possibility of the reform of mental health law. It explains the Mental Capacity with Support and Support Except Where There is Harm models. It applies the interpretive compass of inherent dignity (including autonomy), equality, and participation to both models and compares them to the Abolition with Support model. It argues in favour of the Mental Capacity with Support model as being compatible with the CRPD (despite the contrary arguments from abolitionists) and more transparent than Abolition with Support. It proposes improvements to the Mental Capacity with Support model. It discusses wider reforms to the mental health system, social reforms, and how reform is possible without abolishing mental health law first.

scholarly journals Mental health law in Ghana

2017 ◽  
Vol 14 (2) ◽  
pp. 38-39 ◽  
Author(s):  
George Hudson Walker ◽  
Akwasi Osei
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Health System ◽  
Mental Health System ◽  
Mental Healthcare ◽  
Health Law ◽  
Community Based ◽  
Mental Health Law ◽  
Mental Health Act ◽  
New System

In 2012 Ghana passed a new Mental Health Act, which aimed to create a new system of mental healthcare in Ghana. The Act includes provisions for the creation of a modern, community-based mental health system and for the protection of the rights of persons with mental disorders. This article discusses the implications of the Act and the progress which has been made towards its implementation.

The 1978 Italian Mental Health Law – A Personal Evaluation: A Review

1991 ◽  
Vol 159 (4) ◽  
pp. 556-561 ◽  
Author(s):  
Kathleen Jones ◽  
Greg Wilkinson ◽  
T. K. J. Craig
Keyword(s):  
Mental Health ◽  
Health System ◽  
Mental Health System ◽  
Personal Experience ◽  
Health Law ◽  
Objective Data ◽  
Personal Evaluation ◽  
Mental Health Law ◽  
Scientific Ideas

“The author discusses the sociopsychiatric consequences of the 1978 Italian mental health law. He also reviews the international scientific ideas that led up to it. The sociopolitical psychiatric views of the late Franco Basaglia, pioneer of the change in the mental health system of the Italian Republic, are described. Statistical reports and critical analyses are reported. Objective data, based on the author's personal experience as a practising psychiatrist in Rome, Italy, from 1969 to 1987, are given.”

Application of Inherent Dignity to the Abolition with Support Model

2021 ◽  
pp. 109-125
Author(s):  
Kay Wilson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health System ◽  
Mental Health System ◽  
Psychiatric Treatment ◽  
Mental Impairment ◽  
Strong Basis ◽  
Inherent Dignity ◽  
Loss Of Dignity ◽  
Support Model

This chapter argues that inherent dignity is more than an abstract concept and must be understood within its social and political context. It applies the concept of inherent dignity in the disability context and to the Abolition with Support model. I argue that dignity is relevant to mental health in two ways. First, it relates to the loss of dignity that persons with mental impairment may experience by reason of their impairment itself and secondly by the way in which persons with mental impairment have historically been treated by the mental health system and society more generally. I consider the meaning of autonomy and the tensions between the concepts of dignity and autonomy. I argue that the meaning of dignity is wider than the legal recognition of autonomy. On a balanced and holistic reading of the CRPD which gives effect to all human rights, dignity may at times be given priority over autonomy, which could provide a human rights justification for limited detention and psychiatric treatment, rather than the abolition of mental health law. Nonetheless, the loss of dignity that is caused by the mental health system must also be addressed and provides a strong basis for significant systemic and legal reform.

scholarly journals Sistem Kesehatan Jiwa di Indonesia: Tantangan untuk Memenuhi Kebutuhan

2018 ◽  
pp. 70-80
Author(s):  
Sri Idaiani ◽  
Edduwar Idul Riyadi
Keyword(s):  
Mental Health ◽  
Information System ◽  
Health System ◽  
Health Information ◽  
Mental Health System ◽  
Health Information System ◽  
Mental Health Program ◽  
Essential Medicines ◽  
Health Law ◽  
Mental Health Law

Abstrak Sistem kesehatan jiwa yang baik akan menghasilkan masyarakat Indonesia yang sehat jiwa dengan ketersediaan pelayanan kesehatan jiwa yang bermutu, merata, tanggap, efisien dan terjangkau. Tulisan ini bertujuan untuk memberikan tinjauan sistem kesehatan jiwa di Indonesia beserta tantangannya. Studi ini merupakan kajian di bidang kesehatan jiwa. Informasi diperoleh melalui telaah kepustakaan, dokumen, curah pendapat, kunjungan ke lapangan dan wawancara terhadap pelaksana program jiwa. Hasil kajian memperlihatkan masih minimnya sumber daya kesehatan, pengeluaran biaya kesehatan yang masih rendah di Indonesia dibandingkan negara-negara tetangga. Sistem informasi kesehatan juga belum memadai. Kelebihan yang dimiliki Indonesia adalah adanya obat psikotropika yang cukup variatif dalam daftar obat esensial, memiliki Undang-Undang Kesehatan Jiwa, dan beberapa Peraturan Menteri Kesehatan yang menyangkut kesehatan jiwa. Meskipun memiliki Undang-Undang Kesehatan Jiwa, namun belum tersedia perangkat hukum dibawahnya untuk melaksanakan Undang-Undang. Peran serta sektor lain serta upaya promotif dan preventif belum dirasakan. Kata kunci: sistem kesehatan jiwa, undang-undang kesehatan jiwa, sumber daya, sistem informasi, Indonesia Abstract A good mental health system will produce a healthy mental Indonesian community with the availability of good quality, equitable, responsive, efficient and affordable mental health services. This paper aims to provide a review of the mental health system in Indonesia and it challenges. This study is a review of mental health. Information is obtained through literatures and documents review, brainstorming, field visits and interviews with the implementers of the mental health program. The result shows that human resources, health expenditure are still minimal than neighbour countries. Health information system has not yet been adequate. The advantages of Indonesia are this country have adequate list of essential medicines, have a Mental Health Law and some Ministerial decree related to mental health. Although Indonesia has a Mental Health Law, but there has no legal devices available under the law to implement it. Other sector role’s and promotive, prevention program have not been felt. Keywords: mental health system, mental health law, resources, information system, Indonesia

Mental Health Law

2021 ◽  
Author(s):  
Kay Wilson
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Health Law ◽  
Conceptual Basis ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Mental Health Law ◽  
Abolitionist Movement ◽  
Treaty Interpretation ◽  
The Right

The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (‘CRPD’) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into ‘camps’. Mental Health Law: Abolish or Reform? aims to cut through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts—dignity (including autonomy), equality, and participation—to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of both mental health law and the abolitionist movement including its goals and how and why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the ‘interpretive compass’, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main current abolition and reform options: Abolition with Support, Mental Capacity with Support, and Support Except Where There is Harm. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize of all of their CRPD rights.

Mental health law

2015 ◽  
Keyword(s):  
Mental Health ◽  
Brain Injuries ◽  
Ethical Issues ◽  
Mental Capacity ◽  
Health Law ◽  
Mental Health Law ◽  
People With Mental Illness ◽  
Mental Capacity Act 2005 ◽  
Legal Frameworks ◽  
Mental Capacity Act

This chapter gives an overview of mental health law. Whilst focusing on the legal specifics in England and Wales, the underlying ethical issues extend to all jurisdictions. It explains the duties that law places on health systems and clinicians to support patients to make decisions about their own health. However, it also explains the legal frameworks in place for children and people with mental illness, brain injuries, learning disabilities, dementia, or personality disorder who may require clinicians to decide their health care. Basic concepts of the Mental Health Act 1983, the Mental Capacity Act 2005, and the Children Act 1989 are described, and parts of the law that psychiatrists need to know are presented concisely and in psychiatric context. The chapter includes a practical approach to mental capacity assessment.

scholarly journals Mental health law under review: messages from English safeguarding adults reviews

2019 ◽  
Vol 21 (1) ◽  
pp. 46-64
Author(s):  
Jill Manthorpe ◽  
Stephen Martineau
Keyword(s):  
Mental Health ◽  
Design Methodology ◽  
Mental Capacity ◽  
Health Law ◽  
Mental Health Law ◽  
Content Type ◽  
Mental Health Legislation ◽  
Mental Capacity Act ◽  
Health Legislation ◽  
Practical Implications

Purpose The purpose of this paper is to examine safeguarding adults reviews (SARs) that refer to mental health legislation in order to contribute to the review of English mental health law (2018). Design/methodology/approach Searches of a variety of sources were conducted to compile a list of relevant SARs. These are summarised and their contexts assessed for what they reveal about the use and coherence of mental health legislation. Findings The interaction of the statutes under consideration, in particular the Mental Health Act (MHA) 1983, the Mental Capacity Act (MCA) 2005, together with the Care Act 2014, presents challenges to practitioners and the efficacy of their application is variable. Research limitations/implications In light of the absence of a duty to report SARs to a national register, it is possible that relevant SARs were missed in the search phase of this research, meaning that the results do not present a complete picture. Practical implications Examining cases where use of legislative provisions in mental health has been found wanting or legislation may not be easily implemented may inform initiatives to increase understanding of the law in this area. Originality/value This paper’s originality and value lie in its focus on mental health legislation as discussed in SARs at a time when both the MHA 1983 and the MCA 2005 are the focus of attention for reform.

scholarly journals Developing a capacity test for compulsion in mental health law

2014 ◽  
Vol 1 (15) ◽  
pp. 72
Author(s):  
Chris Heginbotham ◽  
Mat Kinton
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Health Law ◽  
Mental Health Law ◽  
The United Kingdom ◽  
House Of Lords ◽  
Mental Health Legislation ◽  
The Commons ◽  
The Government ◽  
Health Legislation

<p>Concepts of mental capacity are taking on an increased importance in the mental health law of the United Kingdom. For England and Wales, the proposal to introduce a threshold requirement of ‘impaired decision-making’ into the criteria for detention under sections 2 and 3 of the Mental Health Act 1983 was the first amendment to be voted upon in the House of Lords’ reading of the Mental Health Bill. Despite its emphatic (and whipped) resistance to this amendment, Government lost the vote by a wide margin, although it seems possible, at the time of writing, that the Government will seek to overturn their defeat in the Commons.</p><p>It is therefore timely to re-examine the role of such capacity tests in mental health legislation dealing with detention and treatment. This paper describes as yet unresolved definitional questions that must be encountered when concepts of mental capacity operate as a threshold for coercive psychiatric detention and/or treatment.</p>

Mental Health and the Law

2014 ◽  
Author(s):  
Paula Murphy ◽  
Tim Exworthy
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Mental Health Practitioners ◽  
Health Law ◽  
Mental Health Law ◽  
Mentally Disordered ◽  
Codes Of Practice ◽  
Health Practitioners ◽  
The Law ◽  
Mental Capacity Act

Mental health law is concerned with the legislation governing the man­agement and treatment of people with a mental disorder. It includes the detention and treatment of patients and covers consent to treatment, mental capacity, deprivation of liberty, human rights, and ethical issues. The law is necessary to safeguard the interests of the patients and also to protect the public from potentially serious harm from a mentally disordered offender. It is crucial that mental health practitioners under­stand the relevant legislation to ensure that they are practising within the realms of the law and also so that they can offer help and advice to patients and carers if required to do so. Mental health legislation is constantly evolving and there are always challenges and changes to existing legislation, so practitioners need to keep up to date with new statutory legislation and case law. An example of this is the Mental Health Act (MHA) 1983, which was amended by the MHA 2007, and amended again by the Health and Social Care Act 2012. In addition, the Mental Capacity Act 2005 was a new statute which came into force in 2007, alongside Deprivation of Liberty Safeguards. There are Codes of Practice for the MHA, the Mental Capacity Act, and the Deprivation of Liberty Safeguards. These provide supplemen­tary guidance on good practice. Mental health practitioners need to take account of the Codes of Practice in their work. Mental health law can be a complex and challenging area, even for the most knowledgeable and experienced practitioners. Most organizations will have an MHA administrator and/or a legal advisor who can provide advice and guidance in matters of uncertainty.

scholarly journals Deprivation of liberty: Mental Capacity Act safeguards versus the Mental Health Act

2010 ◽  
Vol 34 (6) ◽  
pp. 246-247 ◽  
Author(s):  
Ruth Cairns ◽  
Genevra Richardson ◽  
Matthew Hotopf
Keyword(s):  
Mental Health ◽  
Mental Capacity ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Act ◽  
Mental Capacity Act

SummaryThe Mental Capacity Act deprivation of liberty safeguards have been criticised for their complexity and unclear interface with existing mental health law. The new legislation, which was implemented in April 2009, is likely to pose a challenge to clinical teams.

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