scholarly journals Mental health law in Peru: work in progress

2014 ◽  
Vol 11 (4) ◽  
pp. 93-94
Author(s):  
David Jimenez ◽  
Christina Alejandrina Eguiguren ◽  
Dominic Dougall ◽  
Bartłomiej Pliszka ◽  
Ian Hall

Mental health law in Peru is developing. The Peruvian Constitution enshrines important human rights principles in relation to people with mental health problems but the enactment of such principles into national legislation is very patchy. This means that people with mental health problems, especially those admitted to hospital, may not receive optimum care and may be at risk of having their human rights breached. In this article we consider how far the current national legislation meets these constitutional rights and what the legislation that is in development may ultimately achieve.


2021 ◽  
pp. 34-52
Author(s):  
Kay Wilson

Chapter 2 examines the historical development of mental health law in England (which is similar to the rest of the common law world, including America, Canada, and Australia) and uses that history to consider the justification, purpose, and need for mental health law from Ancient Greece to the present. Contrary to the claims of abolitionists that mental health law has essentially always stayed the same, it demonstrates a history of continuous legal and systemic reform in mental health law. Rather than an over-zealous and interfering state keen to exercise social control over persons with mental impairment, it instead depicts a state which for the most part reluctantly only became involved in the care of persons with mental health problems when informal care by family and friends failed or was non-existent, to prevent abuses by private operators, and as an incident of its administration of the criminal law. When set against the background of the fashions, cycles, and recurring themes of mental health law, the call of abolition can be conceptualized as simply the latest fad in its evolution. Further, many of the issues which arise from mental health problems will continue to exist even without mental health law. Mental health law can be positive and negative, including defining and protecting rights and allocating resources. The chapter cautions against being too optimistic about the promises of sweeping revolutionary changes which have never really delivered (deinstitutionalization or the ‘abolition’ of the asylum being the most poignant example), in favour of solid incremental change.



2017 ◽  
Vol 41 (S1) ◽  
pp. S337-S337
Author(s):  
I. Georgieva ◽  
C. Lauvrud ◽  
R. Almvik ◽  
R. Whittington

IntroductionPrevious research illustrated that the laws regulating involuntary placement and treatment of persons with mental health problems are very diverse across countries: procedures for involuntary commitment and stakeholders involved in the initiation and decision making vary across countries; most laws include criteria of danger/risk, which take various forms in EU Member States’ legal frameworks, while the need for treatment in the best interests of the patient is sufficient to detain individuals in other countries, etc.ObjectivesThis study will compare the opinions of professionals and family members about the operation of the National mental health law regulating forcibly admission and treatment of psychiatric patients in ten countries: Ireland, Iceland, UK, Romania, Slovenia, Denmark, Sweden, Germany, Norway and India.AimsTo gain insights into stakeholders’ satisfaction with the operation of their national legislation and to compare the effectiveness and acceptability of different legislative processes across countries. Such scientific findings are needed in order to improve and harmonize legal practices, and to enhance fundamental rights protection of persons with mental health problems, which eventually could result in a lower rate of compulsory admissions.MethodsA short anonymous questionnaire consisting of 9 items was developed, using the online software Survey Monkey. It was distributed to representative samples via e-mail to psychiatrists, general practitioners, acute and community mental health nurses, tribunal members, guards and family members in each collaborating country. The levels of agreement/disagreement were measured on a Likert- scale.Results/ConclusionsThe study's results and conclusions will be presented at the conference.Disclosure of interestThe authors have not supplied their declaration of competing interest.



2021 ◽  
pp. 1-33
Author(s):  
Kay Wilson

Chapter 1 introduces the key question asked by the book: whether mental health law should be abolished or reformed and defines all the key terms (e.g. mental health law, mental impairment, involuntary detention and treatment, voluntary treatment, abolition and reform, etc). It puts mental health law into its wider social context pointing out that while at least 20 per cent of the community in any given year and 50 per cent in their lifetime have a mental health problem, mental health law only applies to a relatively small number of persons with severe mental health problems who are medically assessed to be at risk of harming themselves or others. It sets out the background to the fierce controversy about the future of mental health law during the United Nations Convention on the Rights of Persons with Disabilities (CRPD) negotiations and since its entry into force in 2008. It explains the conceptual framework for the book being human rights treaty interpretation and the jurisprudential or ethical analysis consistent with Ronald Dworkin of three core CRPD and human rights concepts—dignity (including autonomy), equality, and participation—to create the ‘interpretive compass.’ It discusses the social model of disability, the medical model, the human rights model, and the interactive model. It defines the scope of the book in that it excludes consideration of mental health specific criminal law doctrines like fitness to plead and the insanity defence and clarifies that the focus is on mental health law rather than other forms of substitute decision-making like guardianship. It explains the structure of the book.



Author(s):  
Toshiya Aoi ◽  
Takashi X. Fujisawa ◽  
Shota Nishitani ◽  
Akemi Tomoda


Author(s):  
Warren G. McDonald ◽  
Matt Martin ◽  
Lenard D. Salzberg

The transition from medical school to board-certified medical practice includes a period of intense, practical training known as medical residency. Medical residents are at risk for greater mental health distress than the general population. Interns, which are first year residents, are most at risk for, at worst, depression and suicidal ideation, and, at best, negative outlooks on the medical profession. Risk factors include role transition, decreased sleep, relocation, isolation, stigma toward mental health problems and treatment, and health care industry changes. Untreated mental health problems can lead to burnout later during a physician's career. Residents thrive on social and organisational support which can include systematic screening and treatment of mental health problems. Although research regarding best practices for addressing mental health problems during residency is limited, we offer four core strategies for preventing and addressing mental health problems in medical residents: education, screening, treatment, and support.



2017 ◽  
Vol 58 (1) ◽  
pp. 113-117 ◽  
Author(s):  
Andrew Downs ◽  
Laura A. Boucher ◽  
Duncan G. Campbell ◽  
Anita Polyakov


2014 ◽  
Vol 11 (2) ◽  
pp. 39-40 ◽  
Author(s):  
Joshua Ssebunnya ◽  
Sheila Ndyanabangi ◽  
Fred Kigozi

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.



2015 ◽  
Vol 57 (5) ◽  
pp. 453-454 ◽  
Author(s):  
Joseph R. Rojas ◽  
Tumaini R. Coker


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