scholarly journals The UN Convention on the Rights of Persons with Disabilities and UK mental health legislation

2014 ◽  
Vol 205 (1) ◽  
pp. 76-77 ◽  
Author(s):  
Daniel M. Bennett
Keyword(s):  
Mental Health ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
Health Legislation

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 Comparing legislation for involuntary admission and treatment of mental illness in four South Asian countries

2019 ◽  
Vol 13 (1) ◽  
Author(s):  
Sangeeta Dey ◽  
Graham Mellsop ◽  
Kate Diesfeld ◽  
Vajira Dharmawardene ◽  
Susitha Mendis ◽  
...  
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
South Asian ◽  
Political Support ◽  
World Health ◽  
Involuntary Admission ◽  
Asian Countries ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
Health Legislation

Abstract Background Involuntary admission or treatment for the management of mental illness is a relatively common practice worldwide. Enabling legislation exists in most developed and high-income countries. A few of these countries have attempted to align their legislation with the United Nations Convention on the Rights of Persons with Disabilities. This review examined legislation and associated issues from four diverse South Asian countries (Bangladesh, India, Pakistan and Sri Lanka) that all have a British colonial past and initially adopted the Lunacy Act of 1845. Method A questionnaire based on two previous studies and the World Health Organization checklist for mental health legislation was developed requesting information on the criteria and process for involuntary detention of patients with mental illness for assessment and treatment. The questionnaire was completed by psychiatrists (key informants) from each of the four countries. The questionnaire also sought participants’ comments or concerns regarding the legislation or related issues. Results The results showed that relevant legislation has evolved differently in each of the four countries. Each country has faced challenges when reforming or implementing their mental health laws. Barriers included legal safeguards, human rights protections, funding, resources, absence of a robust wider health system, political support and sub-optimal mental health literacy. Conclusion Clinicians in these countries face dilemmas that are less frequently encountered by their counterparts in relatively more advantaged countries. These dilemmas require attention when implementing and reforming mental health legislation in South Asia.

Who controls your future: The convention on the rights of persons with disabilities from a service user focused perspective

2019 ◽  
Vol 54 (2) ◽  
pp. 134-137 ◽  
Author(s):  
Giles Newton-Howes ◽  
Sarah Gordon
Keyword(s):  
Mental Health ◽  
Service User ◽  
Personal Autonomy ◽  
Service Users ◽  
Correct Interpretation ◽  
Educational Approach ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
Mental Health Patients ◽  
Health Legislation

Although notions of personal autonomy are increasingly enshrined as the primary principle of ethical medical practice, psychiatry appears to have real difficulty in applying this. Notions such as compulsory treatment and mental health legislation serve to reinforce paternalism. This may not be in the interests of either the patient or the doctor. The Convention on the Rights of Persons with Disabilities (CRPD), although providing no new rights to mental health patients, has led to guidance as to what existing rights entail and how they should be applied. While service users were involved in the drafting of the Convention on the Rights of Persons with Disabilities, what is lacking is service user focused perspectives in the critique and debate that has ensued in response to the Convention on the Rights of Persons with Disabilities committee’s informed guidance as to the correct interpretation of the rights. Furthermore, consideration of how to translate the rights into practice is also lacking. This co-produced viewpoint aims to contribute to this debate and provides a brief overview of a novel educational approach to translating the Convention on the Rights of Persons with Disabilities committee’s guidance into clinical practice.

scholarly journals Decision-making capacity and the Victorian Mental Health Tribunal

2018 ◽  
Vol 2017 (24) ◽  
pp. 87
Author(s):  
Christopher Maylea ◽  
Christopher James Ryan
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Mentally Ill ◽  
Empirical Studies ◽  
Relevant Information ◽  
Involuntary Treatment ◽  
Persons With Disabilities ◽  
Decision Making Capacity ◽  
Mental Health Legislation ◽  
Health Legislation

<p>The United Nations Convention on the Rights of Persons with Disabilities (CRPD) has led to a re-thinking of traditional mental health law around the world. Since Australia’s ratification of the CRPD, all but one of its eight jurisdictions have introduced reforms to mental health legislation. These are aimed, in part, towards compliance with the Conventions articles. This paper examines the meaning and operation of the reforms introduced in Australia’s second most populous state – Victoria.</p><p><br />We first describe the criteria for involuntary treatment set out in the new <em>Mental Health Act 2014</em> (Vic) (Austl.) (the Act). We then argue that when making an order for Involuntary Treatment, the Victorian Mental Health Tribunal (the Tribunal) is obliged to carefully consider a person’s decision-making capacity as part of ensuring that treatment is provided in the least restrictive way, and to only authorise the involuntary treatment over a person’s competent objection in very limited circumstances.</p><p><br />Having established the way in which the Act <em>should</em> operate, we then present two empirical studies which analyse the decisions of the Statements of Reasons of the Tribunal to gain some appreciation of how the Act is working. These indicate that seldom does the Tribunal consider the decision-making capacity of people brought before it, and that, even when this is considered, the relevant information is not being used protectively so as to uphold a right to competently refuse treatment. Instead, the Tribunal uses the presence or absence of decision-making capacity, insight or poor judgement, to determine if a person is mentally ill or if treatment is required to prevent serious harm. We conclude that the Tribunal’s practice is inconsistent with the principles of the Act and consequently the intention of Parliament.</p>

Human rights implications of introducing a new mental health act – principles, challenges and opportunities

2020 ◽  
Vol 28 (2) ◽  
pp. 167-170 ◽  
Author(s):  
Neeraj S Gill ◽  
John A Allan ◽  
Belinda Clark ◽  
Alan Rosen
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Persons With Disabilities ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Positive Rights ◽  
Challenges And Opportunities ◽  
Human Rights Act ◽  
Health Legislation ◽  
Made In

Objective: The United Nations Convention on the Rights of Persons with Disabilities (CRPD), 2006 has influenced the evolution of mental health legislation to protect and promote human rights of individuals with mental illness. This review introduces how the human rights agenda can be systematised into mental health services. Exploration is made of how some principles of CRPD have been incorporated into Queensland’s Mental Health Act 2016. Conclusion: Although progress has been made in some areas, e.g. heavier reliance on capacity assessment and new supported decision-making mechanisms, MHA 2016 has continued to focus on involuntary treatment. A Human Rights Act 2019 has been passed by the Queensland parliament, which may fill in the gap by strengthening positive rights.

scholarly journals Influence of the new mental health legislation in India

2019 ◽  
Vol 17 (1) ◽  
pp. 20-22
Author(s):  
Rakesh K. Chadda
Keyword(s):  
Mental Health ◽  
United Nations ◽  
Mental Healthcare ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
Health Legislation

This paper discusses the influence of the Mental Healthcare Act 2017 on mental healthcare in India. The new Act was introduced to meet the recommendations of the United Nations Convention on the Rights of Persons with Disabilities. Reforms proposed in the new legislation, challenges in their implementation and their effects on mental healthcare in the country are further discussed.

scholarly journals The need to reform mental health legislation in Commonwealth countries

2014 ◽  
Vol 11 (1) ◽  
pp. 1-2 ◽  
Author(s):  
Soumitra Pathare ◽  
Laura Shields ◽  
Jaya Sagade ◽  
Renuka Nardodkar
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
United Nations ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
Health Legislation

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) serves as a comprehensive and legally binding framework for the rights of persons with mental illness. The extent to which countries have adapted their mental health legislation to reflect the binding provisions outlined in the CRPD is unclear. This paper reviews the situation across the Commonwealth.

scholarly journals Human rights-based approaches to mental health legislation and global mental health

2018 ◽  
Vol 16 (02) ◽  
pp. 37-40 ◽  
Author(s):  
Julian Eaton
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Global Mental Health ◽  
Best Interest ◽  
Persons With Disabilities ◽  
Medical Authority ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
Alternative Practices ◽  
Health Legislation

Globally, established practice in mental health services has tended to be codified into law in ways that are paternalistic, seeking to make decisions for patients that presume ‘best interest’ and which ultimately place power in the hands of medical authority. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) – which has been widely ratified globally – challenges these assumptions, instead placing the expressed will and preference of patients as the most important factor in decision-making, including treatment and consent to admission. The contradictions between these approaches cause profound challenges in legislation reform, but a human rights framework offers the potential for a paradigm shift in the way that people are treated in services, and in exploration of alternative practices that promise a more humane and dignified future for mental health care.

scholarly journals Mental Health Legislation Through History and Challenges in Implementing Article 14 of the Convention on the Rights of Persons with Disabilities

2020 ◽  
pp. 56-79
Author(s):  
Marisabell Škorić ◽  
Sandra Fabijanić Gagro
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Historical Development ◽  
The State ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Mental Health Legislation ◽  
Legal Frameworks ◽  
The Right ◽  
Health Legislation

The paper is divided into two parts to facilitate a clearer understanding of all aspects of the change in the position of people with psychosocial disabilities, regarding the right to liberty and security, through the historical development of national and international legal frameworks. The first part briefly presents an overview of national legislation on the protection of persons with psychosocial disabilities and the circumstances in which states adopted the Convention on the Rights of Persons with Disabilities earlier this century. The second part of the paper underscores the challenges the States Parties face in the implementation of Article 14 of the Convention. The State Parties’ reports show that the processes of changing the perceptions of persons with psychosocial disabilities, when it comes to their involuntary detention, have been changing quite slowly and partially and that the realisation of their human rights is one of the Convention’s greatest challenges.

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