A New Era for Mental Health Law and Policy (Cambridge Disability Law and Policy Series)
Cambridge University Press, 9/30/2017
EAN 9781107140745, ISBN10: 1107140749
Hardcover, 298 pages, 23.5 x 15.7 x 2 cm
Language: English
The Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy. In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear. In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the 'will, preference and rights' of persons with disabilities 'on an equal basis with others'. This book explores the implications of the CRPD for law, policy and practice that respond to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds the potential to address persistent shortcomings in mental health law and policy.
Introduction
Part I. What Do Human Rights Mean for Mental Health Law?
1. Mental health law
purpose and procedures
2. Mental health, law and the United Nations Convention on the Rights of Persons with Disabilities
new tools or new paradigm?
3. Major criticisms of mental health law
Part II. The CRPD-Support Framework and Mental Health
New Tools or New Paradigm?
4. The CRPD-support framework
5. Applying the CRPD-support framework in law
6. Practical examples of the CRPD-suport approach in the mental health context
7. Navigating the 'flashing amber lights' of the CRPD-support framework
addressing major concerns
Conclusion.