Human Rights and Mental Health Law: An Evolving Relationship

2016 ◽  
pp. 159-178
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health Law ◽  
Mental Health Law

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.

Mental health law and the Human Rights Act 1998

2002 ◽  
Vol 4 (2) ◽  
pp. 64-67
Author(s):  
Barbara Richardson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health Law ◽  
Mental Health Law ◽  
Human Rights Act ◽  
Human Rights Act 1998

scholarly journals The Human Rights Act and Mental Health Law: Has it Helped?

2014 ◽  
Vol 1 (15) ◽  
pp. 7 ◽  
Author(s):  
Brenda Hale
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health Law ◽  
Mental Health Law ◽  
Human Rights Act ◽  
The Right

<p align="LEFT">This article focusses on two questions in relation to the interplay of the Human Rights Act and the Mental Health Law: the right to choose, and the process of compulsion.</p>

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
Keyword(s):  
Mental Health ◽  
At Risk ◽  
Human Rights ◽  
Mental Health Problems ◽  
Health Problems ◽  
Constitutional Rights ◽  
Health Law ◽  
Mental Health Law ◽  
National Legislation ◽  
Work In Progress

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.

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