Human Rights Act 1998 in mental health legislation in the UK

2017 ◽  
pp. 183-186
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Health Legislation ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
Health Legislation

Mental Health Legislation

2019 ◽  
pp. 11-22
Author(s):  
Julie Chalmers
Keyword(s):  
Mental Health ◽  
Community Treatment ◽  
Mental Health Act ◽  
Mental Health Legislation ◽  
Mental Capacity Act 2005 ◽  
Future Challenges ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Mental Capacity Act ◽  
Health Legislation

This chapter gives an overview of the mental health legislation of England and Wales as it applies to inpatient psychiatric wards, discusses some key concepts such as capacity and deprivation of liberty, and highlights the principles underpinning the Human Rights Act 1998, the Mental Capacity Act 2005, and the Mental Health Act 1983. The use of legislation at the point of admission and in the provision of treatment particularly in the absence of consent will be considered. The safeguards protecting the patient detained under the Mental Health Act will be highlighted and the use of community treatment orders on leaving hospital will be briefly touched upon. Finally, governance of the use of the Mental Health Act and some future challenges to the basis of legislation will be discussed.

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.

Detaining the Dangerous: Legal and Ethical Implications of the Government's Proposals for High-Risk Individuals

2002 ◽  
Vol 66 (1) ◽  
pp. 64-83 ◽  
Author(s):  
Judith M. Laing
Keyword(s):  
Human Rights ◽  
High Risk ◽  
White Paper ◽  
European Convention ◽  
Ethical Implications ◽  
Mental Health Legislation ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government ◽  
Health Legislation

In December 2000, the government in England and Wales published a White Paper proposing a radical overhaul of current mental health legislation. Part II of the White Paper contained controversial new proposals to detain indefinitely ‘high-risk’ disordered individuals. These proposals have attracted a large amount of criticism in both legal and medical circles and may contravene the European Convention on Human Rights. This article will outline the proposals for reform and highlight some of the legal and ethical implications, in particular focusing on the extent to which the proposals may be open to challenge under the Human Rights Act 1998.

scholarly journals The Human Rights Act and mental health legislation

2003 ◽  
Vol 182 (2) ◽  
pp. 91-94 ◽  
Author(s):  
Jonathan Bindman ◽  
Samantha Maingay ◽  
George Szmukler
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Health Legislation ◽  
Human Rights Act ◽  
Health Legislation

scholarly journals The Human Rights Act 1998: Article 8 case law and child and adolescent mental health services

2010 ◽  
Vol 16 (5) ◽  
pp. 361-368
Author(s):  
Martin Curtice ◽  
Tim Hawkins
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Young People ◽  
Legal Protection ◽  
Case Law ◽  
Children And Young People ◽  
Rights Of The Child ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

SummaryThe United Nations' 1959 Declaration of the Rights of the Child states that ‘the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth’. In the UK, children and young people are afforded protection by two important pieces of legislation: the UN Convention on the Rights of the Child and the Human Rights Act 1998. There have been plentiful and varied challenges involving children and young people, in particular under Article 8 of the Human Rights Act. This review of Article 8 cases demonstrates both its use and key principles underpinning its use.

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.

Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

2013 ◽  
Author(s):  
Simon Evans ◽  
Julia Watson
Keyword(s):  
Human Rights ◽  
High Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Key Features ◽  
The Uk ◽  
High Court Of Australia ◽  
The Impact

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.

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