Reducing Rights in the Name of Convention Compliance: Mental Health Law Reform and the New Human Rights Agenda

2017 ◽  
pp. 125-133
Author(s):  
Philip Fennell
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Law Reform ◽  
Health Law ◽  
Mental Health Law

Mental Health Law Reform: Advance towards Enlightenment or Denial of Reality?

1986 ◽  
Vol 20 (3) ◽  
pp. 266-275 ◽  
Author(s):  
Charles Doutney
Keyword(s):  
Mental Health ◽  
Human Mind ◽  
Law Reform ◽  
Health Law ◽  
Panoramic View ◽  
Mental Health Law ◽  
Partial View

In the field of human affairs, curiosity prompts us to seek a panoramic view in order to gain a vision of reality that will make it as intelligible as possible for a human mind … A panoramic view will at any rate be a less misleading reflection of reality than a partial view. Toynbee (1972)

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.

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