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Mental Health, Legal Capacity, and Human Rights

Mental Health, Legal Capacity, and Human Rights

Author: Michael Ashley Stein; Faraaz Mahomed; Vikram Patel; Charlene Sunkel
Publisher: Cambridge University Press
ISBN: 9781108838856

Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781108972451

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Since adoption of the Convention on the Rights of Persons with Disabilities and the interpretive General Comment 1, the topic of legal capacity in mental health settings has generated considerable debate in disciplines ranging from law and psychiatry to public health and public policy. With over 180 countries having ratified the Convention, the shifts required in law and clinical practice need to be informed by interdisciplinary and contextually relevant research as well as the views of stakeholders. With an equal emphasis on the Global North and Global South, this volume offers a comprehensive, interdisciplinary analysis of legal capacity in the realm of mental health. Integrating rigorous academic research with perspectives from people with psychosocial disabilities and their caregivers, the authors provide a holistic overview of pertinent issues and suggest avenues for reform.

Introduction: A 'paradigm shift' in mental health care

Faraaz Mahomed, Michael Ashley Stein, Vikram Patel and Charlene Sunkel

1. The alchemy of agency: reflections on supported decision-making, the right to health and health systems as democratic institutions

Alicia Ely Yamin

2. Redefining international mental health care in the wake of the COVID-19 pandemic

Benjamin A. Barsky, Julie Hannah and Dainius Pūras

3. Reparation for psychiatric violence: a call to justice

Tina Minkowitz

4. Divergent human rights approaches to capacity and consent

Gerald L. Neuman

5. From fairy tale to reality: a practical legal approach towards the global abolition of psychiatric coercion Laura Davidson

6. The “fusion law” proposals and the CRPD

John Dawson and George Szmukler

7. Contextualising legal capacity and supported decision making in the Global South – Experiences of homeless women with mental health issues from Chennai, India

Mrinalini Ravi, Barbara Regeer, Archana Padmakar, Vandana Gopikumar and Joske Bunders

8. The potential of the legal capacity law reform in Peru to transform mental health provision

Alberto Vásquez Encalada

9. Advancing disability equality through supported decision making: the CRPD and the Canadian constitution Faisal Bhabha

10. Decisional autonomy and India's Mental Healthcare Act, 2017: a comment on emerging jurisprudence Soumitra Pathare and Arjun Kapoor

11. Towards resolving damaging uncertainties: progress in the United Kingdom and elsewhere

Adrian D. Ward

12. “The revolution will not be televised”: recent developments in mental health law reform in Zambia and Ghana

Heléne Combrinck and Enoch Chilemba

13. Supported decision-making and legal capacity in Kenya

Elizabeth Kamundia and Ilze Grobbelaar-du Plessis

14. Seher's “circle of care” model in advancing supported decision making in India

Bhargavi V. Davar, Kavita Pillai and Kimberly LaCroix

15. The Swedish personal ombudsman: support in decision-making and accessing human rights

Ulrika Järkestig Berggren

16. Strategies to achieve a rights based approach through WHO Quality Rights

Michelle Funk, Natalie Drew Bold, Joana Ansong, Daniel Chisholm, Melita Murko, Joyce Nato, Sally-ann Ohene, Jasmine Vergara and Edwina Zoghbi

17. The Clubhouse Model: A framework for naturally occurring supported decision making

Joel D. Corcoran, Cindy Hamersma and Steven Manning

18. Mind the gap: researching “alternatives to coercion” in mental health care

Piers Gooding

19. Psychiatric advance directives and supported decision-making: preliminary developments and pilot studies in California

Christopher Schnieders, Elyn R. Saks, Jonathan Martinis and Peter Blanck

20. Community-based mental health care delivery with partners in health: a framework for putting the CRPD into practice

Stephanie L. Smith

21. Lived experience perspectives from Australia, Canada, Kenya, Cameroon and South Africa – conceptualizing the realities

Charlene Sunkel, Andrew Turtle, Sylvio A Gravel, Iregi Mwenja and Marie Angele Abanga

22. In the pursuit of justice: advocacy by and for hyper-marginalized people with psychosocial disabilities through the law and beyond

Lydia X.Z. Brown and Shain M. Neumeier

23. The Danish experience of transforming decision-making models

Dorrit Cato Christensen

24. The use of patient advocates in supporting people with psychosocial disabilities

Aikaterini Nomidou

25. Users' involvement in decision-making: lessons from primary research in India and Japan

Kanna Sugiura

26. Involvement of people with lived experience of mental health conditions in decision-making to improve care in rural Ethiopia

Sally Souraya, Sisay Abyaneh, Charlotte Hanlon and Laura Asher

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