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Routledge Handbook of Mental Health Law

Routledge Handbook of Mental Health Law

Author: Brendan D. Kelly; Mary Donnelly
Publisher: Routledge
ISBN: 9781032128375
Published In: October 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia.

This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant, account of what mental health law is and what it might be.

The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.

List of figures

List of tables

Introduction

Mary Donnelly and Brendan D. Kelly

Part 1: Background and Context

Ch.

1: History and Development of Mental Health Law

Brendan D. Kelly

Ch.

2: Independent Mental Health Monitoring: Evaluating the Care Quality Commission in England’s Approach to Regulation, Rights and Risks

Judy Laing

Ch.

3: The Relationship between Ethics and Law in Mental Healthcare

Louise Campbell

Part 2: European and International Standards

Ch.

4: The European Court’s Incremental Approach to the Protection of Liberty, Dignity and Autonomy

Anna Nilsson

Ch.

5: The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law: Requirements and Responses

Suzanne Doyle Guilloud

Ch.

6: Responses to the World Health Organization’s QualityRights Initiative

Richard Duffy

Part 3: Specific Groups

Ch.

7: Children’s Mental Health Care: Decision-Making and Human Rights

Camilla Parker

Ch.

8: People with Learning Disability: Scotland and Beyond

Jill Stavert

Ch.

9: Mental Health Laws and Older Adults

Penelope Weller

Ch.

10: Abuse, Neglect and Adult Safeguarding in the Context of Mental Health and Disability

Laura Pritchard-Jones

Ch.

11: The Use of Trans-Related Diagnoses in Healthcare and Legal Gender Recognition: From Disease- to Identity-Based Models

Pieter Cannoot and Sarah Schoentjes

Ch.

12: Personality Disorder in Mental Health and Criminal Law

Ailbhe O’Loughlin

Part 4: Forensic Psychiatry and Criminal Law

Ch.

13: Mental illness and Criminal Law: Irreconcilable Bedfellows?

Jill Peay

Ch.

14: The Principles of Forensic Psychology and Criminal Law – An American Perspective

Eric Y. Drogin

Ch.

15: Mental capacity in Forensic Psychiatry

Stefano Ferracuti and Giovanna Parmigiani

Ch.

16: Capturing Mental Health Issues in International Criminal Law and Justice: The Input of the International Criminal Court

Caroline Fournet

Part 5: Issues, Controversies, Challenges

Ch.

17: Decision-making Capacity in Mental Health Law

Alex Ruck Keene and Katherine Reidy

Ch.

18: Risk of Harm and Involuntary Psychiatric Treatment

Matthew Large, Sascha Callaghan and Christopher James Ryan

Ch.

19: Compulsory Community Treatment: Is it the Least Restrictive Alternative?

John Dawson

Ch.

20: Socio-economic Inclusion and Mental Health Law

Terry Carney

Ch.

21: The Right to Mental Health

Brendan D. Kelly

Ch.

22: Mental Health, Discrimination and Employment Law

Mark Bell

Ch.

23: Family in Mental Health Law: Responding to Relationality

Mary Donnelly

Ch.

24: Consenting for Prevention: The Ethics of Ambivalent Choice in Psychiatric Genomics

Camillia Kong

Part 6: Developments in Specific Regions and Jurisdictions

Ch.

25: Change or Improvement? Mental Health Law Reform in Africa

Heléne Combrinck

Ch.

26: Mental Health Law and Practice in Ghana: An Examination of Act 846

Lily Kpobi, Charlotte Kwakye-Nuako and Leveana Gyimah

Ch.

27: Regulating Mental Health Care in South Africa: Assessing the Right to Legal Capacity and the Right to the Highest Attainable Standard of Health in South African Law and Policy

Elizabeth Kamundia and Ilze Grobbelaar-du Plessis

Ch.

28: Untapped Potential of China’s Mental Health Law Reform

Bo Chen

Ch.

29: Colonisation, history and the evolution of mental health legislation in India, Pakistan, Sri Lanka and Bangladesh

Sangeeta Dey and Graham Mellsop

Ch.

30: India’s Mental Healthcare Act, 2017 – A Promise for Transformation and Radical Change

Arjun Kapoor and Manisha Shastri

Ch.

31: An alternative to mental health law: the Mental Capacity Act (Northern Ireland) 2016