scholarly journals The mental capacity tribunal under the model law: what are we arguing about?

2014 ◽  
pp. 55
Author(s):  
Robert Robinson
Keyword(s):  
Mental Health ◽  
Psychiatric Treatment ◽  
Dental Health ◽  
Legal Framework ◽  
Mental Illnesses ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Act ◽  
Model Law ◽  
Serious Mental Illnesses

It would be a mistake to think of mental health law as a generic form of law directed at a particular class of people, those described as suffering from mental disorders. If a person who has a mental disorder will accept treatment, whether or not they have the capacity to consent to it, there is in general no need to have recourse to mental health law. The Mental Health Act 1983 (‘MHA’) exists for the specific purpose<br />of regulating, and ultimately adjudicating upon, the conflict between a person who objects to receiving psychiatric treatment and the professionals on whom the law confers powers of compulsion. But, as advocates of a capacity-based legal framework would surely agree, it is not the existence of mental health law that gives rise to this conflict. That we have a Mental Health Act but not, say, a Dental Health Act is explained by features characteristic of serious mental illnesses which are not, by and large, found in other medical conditions.

scholarly journals Mental health law profile: the United Arab Emirates

2015 ◽  
Vol 12 (3) ◽  
pp. 70-72 ◽  
Author(s):  
Ghanem Alhassani ◽  
Ossama T. Osman
Keyword(s):  
Mental Health ◽  
United Arab Emirates ◽  
The Elderly ◽  
Vulnerable Population ◽  
Mental Illnesses ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Act ◽  
Federal Laws

There are two federal laws in the UAE from 1981 that are specific to people with mental illnesses and disabilities. Efforts are presently being made to develop other laws addressing the protection of the vulnerable population, including women, children and the elderly. A new updated Mental Health Act is needed to keep in line with the UAE's major leaps achieved in healthcare.

The role of the nearest relative in mental health law

2020 ◽  
Vol 29 (21) ◽  
pp. 1296-1297
Author(s):  
Richard Griffith
Keyword(s):  
Mental Health ◽  
Health Law ◽  
Senior Lecturer ◽  
Mental Health Law ◽  
Mental Health Act

Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the role of the nearest relative, a statutory friend, appointed for patients detained under the Mental Health Act 1983

7. Mental Health Law

Medical Law ◽  
2019 ◽  
pp. 351-419
Author(s):  
Emily Jackson
Keyword(s):  
Mental Health ◽  
Community Treatment ◽  
Health Law ◽  
Persons With Disabilities ◽  
Mental Health Law ◽  
Mental Health Act ◽  
Independent Review ◽  
History Of ◽  
Human Rights Act ◽  
The Uk

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses mental health law in the UK. It begins with a brief history of mental health law and policy. This is followed by discussions of: admission to the mental health system; treatment of the mentally ill under the Mental Health Act 1983; Deprivation of Liberty Safeguards (DoLS) and Cheshire West, and Community Treatment Orders. It also looks at the implications of the Human Rights Act and the UN Convention on the Rights of Persons with Disabilities (UNCRPD) for mental health law. It also considers the conclusions of the Independent Review of the Mental Health Act 1983.

scholarly journals The case for removing intellectual disability and autism from the Mental Health Act

2019 ◽  
Vol 215 (5) ◽  
pp. 633-635
Author(s):  
Sheila Hollins ◽  
Keri-Michèle Lodge ◽  
Paul Lomax
Keyword(s):  
Mental Health ◽  
Intellectual Disability ◽  
Health Services ◽  
Mental Disorder ◽  
Learning Disability ◽  
Mental Illnesses ◽  
Mental Health Act ◽  
Definition Of ◽  
Serious Mental Illnesses

SummaryIntellectual disability (also known as learning disability in UK health services) and autism are distinct from the serious mental illnesses for which the Mental Health Act is designed to be used. Their inclusion in the definition of mental disorder is discriminatory, resulting in unjust deprivations of liberty. Intellectual disability and autism should be excluded from the Mental Health Act.Declaration of interestNone.

scholarly journals Mental health law in Ghana

2017 ◽  
Vol 14 (2) ◽  
pp. 38-39 ◽  
Author(s):  
George Hudson Walker ◽  
Akwasi Osei
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Health System ◽  
Mental Health System ◽  
Mental Healthcare ◽  
Health Law ◽  
Community Based ◽  
Mental Health Law ◽  
Mental Health Act ◽  
New System

In 2012 Ghana passed a new Mental Health Act, which aimed to create a new system of mental healthcare in Ghana. The Act includes provisions for the creation of a modern, community-based mental health system and for the protection of the rights of persons with mental disorders. This article discusses the implications of the Act and the progress which has been made towards its implementation.

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 Foreword

2014 ◽  
pp. 4
Author(s):  
Charlotte Emmett
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Legal Framework ◽  
Green Paper ◽  
Health Law ◽  
Special Issue ◽  
Mental Health Act ◽  
Department Of Health ◽  
Review Team ◽  
Key Issues

<p>This special issue of the Journal of Mental Health Law has been prompted by the recent publication of the Government’s Green Paper <em>Review of the Mental Health Act 1983: Proposals for Reform</em>. The Green Paper aims to "modernise the legal framework within which mental health care is delivered" by proposing a number of reforms to the current regime established under the Mental Health Act 1983.</p><p>We have aimed in this edition to highlight some of the key issues arising from both the Green Paper and the Report submitted to the Department of Health by the Scoping Study Review Team, in July 1999.</p>

scholarly journals Foreword

2014 ◽  
Vol 1 (10) ◽  
pp. 5
Author(s):  
Charlotte Emmett
Keyword(s):  
Mental Health ◽  
Health Law ◽  
Mental Health Law ◽  
England And Wales ◽  
Mental Health Act ◽  
Parliamentary Committee ◽  
Second Year ◽  
Deja Vu ◽  
The Government ◽  
Déjà Vu

<p align="LEFT">Those who have been following the progress of the mental health law reforms in England and Wales may be forgiven for experiencing a sense of déjà-vu during the Queen’s Speech last year, as the much anticipated Mental Health Bill was (perhaps not surprisingly) absent from the Government’s parliamentary agenda for the second year running. It would seem that ministers are unable to reach agreement on the exact direction of the new Bill. There are also rumblings that the much needed Mental Health Act reforms are not being afforded sufficiently high priority by the Government. John Reid, the Health Secretary, was quick to respond such criticisms in November, confirming the Government’s intention to bring forward a revised Bill for pre-legislative scrutiny by Parliamentary Committee “as soon as possible”. For the time being however, it remains to be seen when the new reforms will be introduced.</p>

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