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 Mental health law in Pakistan

2016 ◽  
Vol 13 (3) ◽  
pp. 67-69 ◽  
Author(s):  
Amina Tareen ◽  
Khalida Ijaz Tareen
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Health Legislation

Continued efforts to produce appropriate mental health legislation in Pakistan led to the Mental Health Ordinance of 2001. However, with the 18th amendment to the constitution and devolution of health responsibilities to the provincial governments, it became the task of the provinces to pass appropriate mental health legislation through their respective assemblies. Currently the mental health legislative picture is fragmented and unsatisfactory. Only the provinces of Sindh and Punjab have a mental health act in place and there is an urgent need for similar legislative frameworks in other provinces to protect the rights of those with mental illness.

Mental Health Law and the Occupational Therapist

1988 ◽  
Vol 51 (9) ◽  
pp. 307-311
Author(s):  
Bridgit Dimond
Keyword(s):  
Mental Health ◽  
Occupational Therapist ◽  
Health Law ◽  
Compulsory Admission ◽  
Mental Health Law ◽  
Mentally Disordered ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Consent To Treatment ◽  
Health Legislation

The occupational therapist is increasingly likely to be concerned with the care of mentally disordered people. Some provisions of the Mental Health Act 1983 affect him/her directly. This article discusses some of the most important provisions of the mental health legislation, in particular compulsory admission, consent to treatment provisions, the duties of the manager to inform the patient and the definition and powers of the nearest relative.

scholarly journals Mental health law reforms in Uganda: lessons learnt

2014 ◽  
Vol 11 (2) ◽  
pp. 39-40 ◽  
Author(s):  
Joshua Ssebunnya ◽  
Sheila Ndyanabangi ◽  
Fred Kigozi
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Clinical Care ◽  
Health Law ◽  
Mental Health Law ◽  
Work In Progress ◽  
Lessons Learnt ◽  
Mental Health Legislation ◽  
Health Legislation

Ugandan mental health legislation, which dates from 1964, principally aims to remove persons with mental disorders from the community but also to protect their safety, by keeping them in confinement, although this has been without consideration for clinical care. In response to criticism from various stakeholders and advocates and the need to reflect modern clinical care, Uganda undertook to review and amend the mental health legislation, as part of the Mental Health and Poverty Project (MHaPP). We report on work in progress advancing new legislation.

scholarly journals Mental health legislation in Algeria

2017 ◽  
Vol 14 (1) ◽  
pp. 12-15 ◽  
Author(s):  
Zoubir Benmebarek
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Healthcare Providers ◽  
Health Law ◽  
Colonial Era ◽  
Mental Health Law ◽  
Delivery Of Care ◽  
Mental Health Legislation ◽  
French Colonial ◽  
Health Legislation

Mental health law in Algeria originates from the French colonial era. Although several pieces of legislation deal with mental disorders, their implementation remains unsatisfactory and does not meet the real needs of healthcare providers. Amendment of the current mental health law is required to enhance the delivery of care but also to protect those with a mental disorder from abuse.

Consultant Psychiatrists' Knowledge of Mental Health Legislation in Scotland

1998 ◽  
Vol 38 (3) ◽  
pp. 237-241 ◽  
Author(s):  
Martin Humphreys
Keyword(s):  
Mental Health ◽  
Health Law ◽  
Apparent Lack ◽  
Mental Health Law ◽  
Medical Practitioners ◽  
Mentally Disordered ◽  
Mental Health Legislation ◽  
Localized Patterns ◽  
Level Of Understanding ◽  
Health Legislation

There has been increasing concern recently over an apparent lack of knowledge of mental health law among psychiatrists and other medical practitioners involved in its use. This has been particularly highlighted by the introduction of new and complex legislation intended to facilitate care in the community. As a result of findings from previous studies of other groups of medical practitioners in Scotland, a national survey of consultant psychiatrists working there was undertaken to determine their level of understanding of the statutory provision for the care of the mentally disordered. A purpose-designed instrument was used at interview with 72 consultants chosen at random from all psychiatric specialties. Their knowledge of even the most basic definitions and fundamental areas was limited, with only just over half being able to give the correct title of one relevant piece of legislation and only one in 10 being able to define mental disorder in terms of the Act. Otherwise knowledge was generally patchy. Greater emphasis should be placed upon training in mental health law for consultant psychiatrists in general, as the findings are unlikely to reflect purely localized patterns. Attitudes to the use of compulsory measures also need to be addressed.

scholarly journals Mental health legislation in Chile

2014 ◽  
Vol 11 (4) ◽  
pp. 90-92
Author(s):  
Andrea Bahamondes ◽  
Alvaro Barrera ◽  
Jorge Calderón ◽  
Martin Cordero ◽  
Héctor Duque
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorder ◽  
Criminal Code ◽  
Standards Of Care ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
The 19Th Century

Chile does not have a mental health law or act, and no single legal body protecting those deemed to be afflicted by a mental disorder, setting standards of care and protecting and promoting their rights. Instead, pieces of mental health legislation are scattered about in different legal and administrative documents, including the country's Constitution, Health Code, Criminal Code and Civil Code. Remarkably, mental health legislation was the object of virtually no change or amendment from the middle of the 19th century until the year 2001. New pieces of legislation have been issued since but, despite improvements in the protection of people suffering from a mental illness, a mental health law in Chile is still needed.

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>

scholarly journals Mental Health Act Guardianship and the Protection of Children

2014 ◽  
pp. 186
Author(s):  
Ralph Sandland
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Social Services ◽  
Learning Difficulties ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Act ◽  
Straightforward Application ◽  
The Face ◽  
Court Of Appeal

<strong><strong></strong></strong><p align="left">Re F (Mental Health Act: Guardianship) [2000] 1 FLR 192, CA<br />Court of Appeal (30th September 1999). Evans, Thorpe, and Mummery LJJ. Judgment of the Court given by Thorpe LJ.</p><p align="left">This case arose as a spin-off from what on the face of it was a relatively straightforward application for care orders, made by the Social Services Department of the London Borough of Hackney (‘LBH’), in respect of eight siblings. The case is of interest to mental health lawyers by reason of the attempt of LBH to use creatively elements of the Mental Health Act 1983 (‘the 1983 Act’) regime to plug apparent gaps in the powers available to local authorities and the courts in the<br />Children Act 1989. This entailed the court’s consideration of various provisions of the 1983 Act, as they relate to persons with learning difficulties. This case will also be of interest to family lawyers, as the boundary between family law and mental health law, such as it is, was also considered by the Court of Appeal. Moreover, it is worth remembering that the backdrop to all judicial activity in the field of mental health law at present is the on-going root-and-branch reform of this area of law. As will be discussed below, this case adds to a growing number that highlight<br />deficiencies in the operation of the current regime as it applies to adults with learning difficulties. Finally, although there is little direct discussion to be found in the law report of the judgment of the Court of Appeal, this case raises broader issues of human rights; a topic that none can afford to ignore in light of the Human Rights Act 1998.</p>

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