Crime-Preventing Neurointerventions and the Law

2018 ◽  
Author(s):  
Lisa Forsberg
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Sex Offenders ◽  
Ethical Issues ◽  
Medical Law ◽  
Human Rights Law ◽  
Mental Health Legislation ◽  
Different Types ◽  
Legal Regimes ◽  
Health Legislation

Anti-libidinal interventions (ALIs) are a type of crime-preventing neurointervention (CPN) already in use in many jurisdictions. This chapter examines different types of legal regimes under which ALIs might be provided to sex offenders. The types of legal regimes examined are dedicated statutes that directly provide for ALI use, consensual ALI provision under general medical law principles, mental health legislation providing for ALI use (exemplified by the mental health regime in England and Wales), and European human rights law as it pertains to ALI provision. The chapter considers what we might learn from ALIs in respect of likely or possible arrangements for the provision of other CPNs, and draws attention to some ethical issues raised by each of these types of regime, worth keeping in mind when considering arrangements for CPN provision.

scholarly journals Mental health legislation in Botswana

2018 ◽  
Vol 16 (03) ◽  
pp. 68-70
Author(s):  
J. Maphisa Maphisa
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorders ◽  
United Nations ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
Health Legislation

The Mental Disorders Act of 1969 is the primary legislation relating to mental health in Botswana. Despite the country not being a signatory to the United Nations Convention on the Rights of Persons with Disabilities, its Act has a self-rated score of four out of five on compliance to human rights covenants. However, it can be argued that the Act does not adequately espouse a human rights- and patient-centred approach to legislation. It is hoped that ongoing efforts to revise the Act will address the limitations discussed in this article.

scholarly journals Australia's mental health legislation

2013 ◽  
Vol 10 (2) ◽  
pp. 38-40
Author(s):  
Kenneth C. Kirkby ◽  
Scott Henderson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health Law ◽  
International Treaty ◽  
Mental Health Law ◽  
Mental Health Act ◽  
International Trends ◽  
Strong Emphasis ◽  
Mental Health Legislation ◽  
Health Legislation

Australia has a generally progressive approach to mental health law, reflective of international trends in human rights. Responsibility for most legislation is vested in the six States and two Territories, a total of eight jurisdictions, such that at any given time several new mental health acts are in preparation. In addition there is a model mental health act that promotes common standards. Transfer of orders between jurisdictions relies on Memoranda of Understanding between them, and is patchy. State and Territory legislation is generally cognisant of international treaty obligations, which are themselves the preserve of the Federal Parliament and legislature. UK legislation has had a key influence in Australia, the 1959 Mental Health Act in particular, with its strong emphasis on voluntary hospitalisation, prefacing deinstitutionalisation.

scholarly journals Measuring the impact of revised mental health legislation on human rights in Queensland, Australia

2020 ◽  
Vol 73 ◽  
pp. 101634 ◽  
Author(s):  
Neeraj S. Gill ◽  
Andrew Amos ◽  
Hassan Muhsen ◽  
Joshua Hatton ◽  
Charuka Ekanayake ◽  
...  
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
The Impact

Suppressing human rights? A rights-based approach to the use of pharmacotherapy with sex offenders

Legal Studies ◽  
2009 ◽  
Vol 29 (1) ◽  
pp. 47-74 ◽  
Author(s):  
Karen Harrison ◽  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Sex Offenders ◽  
Satellite Tracking ◽  
European Convention ◽  
Viable Option ◽  
The Public ◽  
Mental Health Legislation ◽  
The Government ◽  
Health Legislation ◽  
Tracking Technology

The use of pharmacotherapy (more emotively known as chemical castration) is the use of drugs to treat and help manage the risk that sex offenders, and in particular paedophiles, pose to society. Due to the increased climate of public fear of this risk, the government recently published aReview of the Protection of Children from Sex Offenders(the Review). This Review, published in June 2007, sought to explore how the protection of children could be improved and how greater reassurance to the public on the management of sex offenders could be provided. The Review makes several proposals with regard to managing high-risk sex offenders. Amongst the list of 20 actions, the trialling of polygraph tests, satellite tracking technology and the use of anti-libidinal suppressants is included. This paper examines the latter, pharmacotherapy, and assesses how concepts such as dignity and consent underpin the human rights' implications of its use. The paper will also assess the recent changes to mental health legislation and evaluate whether such treatment for incompetent or competent offenders is a viable option given the UK's obligations under the European Convention on Human Rights.

scholarly journals Race equality, human rights and mental health legislation: Recent developments in England and Wales

2007 ◽  
Vol 13 (3) ◽  
pp. 3
Author(s):  
Lord Patel Of Bradford ◽  
Chris Heginbotham
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorder ◽  
Community Treatment ◽  
Mental Health Legislation ◽  
Recent Developments ◽  
Definition Of ◽  
Health Legislation ◽  
Treatment Order ◽  
Community Treatment Order

<p>England now has revised mental health legislation following the passage of a mental health Bill through both Houses of Parliament following protracted discussions over seven years. The Mental Health Bill 2006, amending the Mental Health Act 1983, eventually received Royal Assent on 19 July 2007. There is much that could be said about the new Act, which makes a number of important changes to the present legislation. These changes include a new single definition of mental disorder; the abolition of the so-called ‘treatability test’; and the extension of compulsion into the community through a supervised community treatment order.</p>

scholarly journals Dignity, human rights and the limits of mental health legislation

2014 ◽  
Vol 31 (2) ◽  
pp. 75-81 ◽  
Author(s):  
Brendan D. Kelly
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorder ◽  
Mental Health Policy ◽  
Best Interests ◽  
Involuntary Admission ◽  
Economic Rights ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
Social And Economic Rights

A right is an entitlement that one may legally or morally claim. Human rights are of particular importance in mental health care owing to the existence of laws that permit involuntary admission and treatment under certain circumstances, and compelling evidence of persistent social exclusion of some individuals with mental disorder. Ireland’s mental health legislation, which is currently under review, meets most international human rights standards in areas of traditional concern (involuntary admission and treatment) but not in other areas (especially social and economic rights). These deficits would be addressed, at least in part, by replacing the principle of ‘best interests’ with the principle of ‘dignity’ as the over-arching principle in Irish mental health legislation. Such a change would help ensure that decisions made under the legislation actively facilitate individuals with mental disorder to exercise their capabilities, help promote human rights and protect dignity. Even following such a reform, however, it is neither practical nor realistic to expect mental health legislation alone to protect and promote all of the broader rights of individuals with mental disorder, especially social and economic rights. Some rights are better protected, and some needs better met, through social policy, mental health policy and broader societal awareness and reform.

scholarly journals The Mental Health Workshop in the Human Rights Convention

1996 ◽  
Vol 20 (10) ◽  
pp. 617-617
Author(s):  
Walid Abdul-Hamid
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Psychiatric Service ◽  
Service Users ◽  
Mental Health Legislation ◽  
Health Legislation

Between the 15 and 17 of June 1995, Liberty and other organisations concerned with human rights coordinated the Human Rights Convention. This gathering examined the meaning of human rights, why they matter, and how they could be strengthened. In the full programme there was a workshop on mental health. This workshop examined how mental health legislation and practices affect the human rights of psychiatric service users.

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