scholarly journals ECT and the Human Rights Act 1998

2014 ◽  
pp. 66
Author(s):  
Robert Robinson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Electroconvulsive Therapy ◽  
Common Law ◽  
Mental Health Act ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Incapacitated Patients

In the current edition of the Mental Health Act Manual1, Richard Jones condemns the practice of detaining mentally incapacitated patients for the purpose of giving treatment which could lawfully be administered under common law. Jones draws particular attention to the ‘sectioning’ of compliant patients who require electroconvulsive therapy (ECT).

R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Public Law ◽  
Mental Health Act ◽  
East Region ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Court Of Appeal ◽  
Health Review

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal. This case concerned whether the language of ss 72–73 of the Mental Health Act 1983 could be read in such a way as to be compatible with the Human Rights Act 1998 (HRA), under s. 4 of that Act, or whether such an interpretation was not possible. In the latter case the court should consider making a declaration of incompatibility. This note explores s. 4 HRA declarations of incompatibility. The document also includes supporting commentary from author Thomas Webb

scholarly journals Detained patients and the right to refuse treatment

2014 ◽  
pp. 59
Author(s):  
Paul Bowen
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Interested Party ◽  
Mental Health Act ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Right To Refuse Treatment ◽  
The Right ◽  
Court Of Appeal ◽  
Right To Refuse

<p>R (Wilkinson) v. Broadmoor RMO (1) Mental Health Act Commission (2) Secretary of State for Health (Interested party) [2001] EWCA Civ 1545<br />Court of Appeal (22nd October 2001) Simon Brown LJ, Brooke LJ and Hale LJ</p><p>A detained patient’s right to refuse treatment to which he or she objects has been greatly strengthened by a recent decision of the Court of Appeal, applying the provisions of the Human Rights Act 1998, although in reaching its decision the Court of Appeal has posed as many questions for the future of the law in this area as it has answered.</p>

scholarly journals Reform of the Mental Health Act 1983 – Convention Implications of the Green Paper

2014 ◽  
pp. 99
Author(s):  
Paul Bowen
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Green Paper ◽  
Mental Health Act ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government ◽  
The Impact ◽  
The Devil ◽  
Made In

Assessing the Convention compatibility of the Government proposals for reform of the Mental Health Act 1983 set out in the Green Paper1 is largely an exercise in speculation, for three reasons.First, the proposals are very broad; the detail, where the devil may be found, is yet to come.Second, the Convention does not permit the Strasbourg authorities to review the legality of national legislation in the abstract, but only with reference to particular cases after the proceedings are complete2. Although that will not necessarily preclude a domestic court from reviewing the lawfulness of any provision of the new Mental Health Act after incorporation of the Human Rights Act 19983, the comments that can be made in this article are necessarily confined to the<br />general rather than the specific.Third, and perhaps most significantly, it is impossible to predict the impact of the Convention following the coming into force of the Human Rights Act 1998 on 2 October 2000.

scholarly journals Medical treatment under Part IV of the Mental Health Act 1983 and the Human Rights Act 1998: review of Article 3 and 8 case law

2009 ◽  
Vol 33 (3) ◽  
pp. 111-115 ◽  
Author(s):  
Martin J. R. Curtice
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Medical Treatment ◽  
Clinical Decision Making ◽  
Clinical Decision ◽  
Case Law ◽  
Mental Health Act ◽  
Consent To Treatment ◽  
Human Rights Act ◽  
Human Rights Act 1998

Since the introduction of the Human Rights Act 1998, all courts and tribunals are obliged to interpret all laws and statute consistently and compatibly with the Human Rights Act. This includes the Mental Health Act 1983 (and the 2007 amendments) and mental health review tribunals. Mental health case law has evolved with regard to medical treatment under Part IV (Consent to Treatment) of the Mental Health Act being compliant with the Human Rights Act. Review and analysis of such case law can aide everyday clinical decision-making as well as improving knowledge of the Human Rights Act.

Force-feeding: Implications for the Mental Health Act 1983 and Human Rights Act 1998

2002 ◽  
Vol 11 (3) ◽  
pp. 235-242 ◽  
Author(s):  
Martin J. R. Curtice
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Health Act ◽  
Force Feeding ◽  
Human Rights Act ◽  
Human Rights Act 1998

scholarly journals The Law Society’s Response to the Draft Mental Health Bill

2014 ◽  
Vol 1 (12) ◽  
pp. 70
Author(s):  
Law Society
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorder ◽  
Mental Health Act ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law

<p>The Law Society has long campaigned for reform of the Mental Health Act 1983 (‘the 1983 Act’), which is widely recognised as out of date and not fully compatible with the Human Rights Act 1998. However the Law Society believes that the proposals contained in the Draft Mental Health Bill 2004 (‘the Bill’) are misconceived and fail to provide adequate safeguards to protect the rights of people with a mental disorder.</p>

R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Public Law ◽  
Mental Health Act ◽  
East Region ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Court Of Appeal ◽  
Health Review

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal. This case concerned whether the language of ss 72–73 of the Mental Health Act 1983 could be read in such a way as to be compatible with the Human Rights Act 1998 (HRA), under s. 4 of that Act, or whether such an interpretation was not possible. In the latter case, the court should consider making a declaration of incompatibility. This note explores s. 4 HRA declarations of incompatibility. The document also includes supporting commentary from author Thomas Webb

scholarly journals Making your case to the mental health review tribunal in England and Wales

2005 ◽  
Vol 29 (4) ◽  
pp. 149-151 ◽  
Author(s):  
George J. Lodge
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Family Life ◽  
Common Law ◽  
Public Hearing ◽  
Reasonable Time ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Right ◽  
Health Review

The function of the mental health review tribunal is defined in Part V of the Mental Health Act 1983. Together with statute and Common Law, it provides safeguards to those detained under the Act. The provisions of the Human Rights Act 1998 have strengthened these safeguards. The key articles in Schedule 1 of the Human Rights Act are 5(1)(e), relating to the lawful detention of persons of unsound mind; 5(4), providing that the lawfulness of such detention shall be decided speedily by a court; 6, providing for a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law; and 8, establishing the right to respect for a private and family life. The latter is relevant to disclosure, nearest relatives' rights, and treatment.

15. The European Convention on Human Rights and the Human Rights Act 1998

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Liberties ◽  
European Convention ◽  
Bill Of Rights ◽  
Rights Protection ◽  
Positive Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts' historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.

The law

2009 ◽  
pp. 459-498
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Compulsory Admission ◽  
Sexual Offences ◽  
Disability Discrimination ◽  
Mental Health Act ◽  
Assessment And Treatment ◽  
Human Rights Act ◽  
Disability Discrimination Act ◽  
Health Review

Mental Health Act 1983 460 Mental Health Act 2007 462 Compulsory admission to hospital for assessment and treatment 464 Emergency holding powers 466 Mental Health Review Tribunals 468 The Mental Health Act Commission 470 Sexual Offences Act 472 Disability Discrimination Act 2005 474 Human Rights Act ...

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