Chapter 21 The right to mental health care in mental health legislation

There are two increasingly distinct strands of thought regarding rights to mental health and mental health care in mental health legislation. According to one school of thought, reflected by some (but not all) United Nations (UN) and World Health Organization (WHO) bodies, substitute decision-making...

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Главный автор: Kelly, Brendan D.
Формат: Online
Язык:английский
Опубликовано: Taylor & Francis 2024
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Online-ссылка:https://library.oapen.org/handle/20.500.12657/86377
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author Kelly, Brendan D.
author_browse Kelly, Brendan D.
author_facet Kelly, Brendan D.
author_sort Kelly, Brendan D.
collection Directory of Open Access Books
description There are two increasingly distinct strands of thought regarding rights to mental health and mental health care in mental health legislation. According to one school of thought, reflected by some (but not all) United Nations (UN) and World Health Organization (WHO) bodies, substitute decision-making and treatment without consent should cease. This is based on a particular, contested reading of the UN Convention on the Rights of Persons with Disabilities and a hope that the need for such measures can be completely eliminated through improved practices. The other school of thought includes many mental health service-users and providers who acknowledge the need for reform and supported decision-making, but believe treatment without consent will still be needed occasionally, and feel the UN and WHO are increasingly detached from clinical evidence and service provision. There is a need for deeper dialogue, inter-disciplinary research, and enhanced collaboration to protect rights in mental health care.
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spelling doab-20.500.12854ir-1322722025-03-12T19:50:41Z Chapter 21 The right to mental health care in mental health legislation Kelly, Brendan D. Children and mental health law; Decision-making capacity; Justice and mental health law; Mental health law; UN Convention on Rights of the person with disabilities; World Health Organization’s QualityRights Initiative; coercion; forensic psychiatry and criminal law; gender and mental health law; human rights; involuntary psychiatric treatment; mental health and criminal law; older adults and mental health law There are two increasingly distinct strands of thought regarding rights to mental health and mental health care in mental health legislation. According to one school of thought, reflected by some (but not all) United Nations (UN) and World Health Organization (WHO) bodies, substitute decision-making and treatment without consent should cease. This is based on a particular, contested reading of the UN Convention on the Rights of Persons with Disabilities and a hope that the need for such measures can be completely eliminated through improved practices. The other school of thought includes many mental health service-users and providers who acknowledge the need for reform and supported decision-making, but believe treatment without consent will still be needed occasionally, and feel the UN and WHO are increasingly detached from clinical evidence and service provision. There is a need for deeper dialogue, inter-disciplinary research, and enhanced collaboration to protect rights in mental health care. 2024-01-04T04:05:56Z 2024-01-04T04:05:56Z 2024-01-03T13:39:01Z 2024 chapter https://library.oapen.org/handle/20.500.12657/86377 9781032128375 9781032128405 https://directory.doabooks.org/handle/20.500.12854/132272 eng open access image/jpeg image/jpeg image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/86377/1/9781003226413_10.4324_9781003226413-27.pdf https://library.oapen.org/bitstream/20.500.12657/86377/1/9781003226413_10.4324_9781003226413-27.pdf https://library.oapen.org/bitstream/20.500.12657/86377/1/9781003226413_10.4324_9781003226413-27.pdf Taylor & Francis Routledge 10.4324/9781003226413-27 10.4324/9781003226413-27 fa69b019-f4ee-4979-8d42-c6b6c476b5f0 Routledge Handbook of Mental Health Law 9781032128375 9781032128405 Routledge 20 open access
spellingShingle Children and mental health law; Decision-making capacity; Justice and mental health law; Mental health law; UN Convention on Rights of the person with disabilities; World Health Organization’s QualityRights Initiative; coercion; forensic psychiatry and criminal law; gender and mental health law; human rights; involuntary psychiatric treatment; mental health and criminal law; older adults and mental health law
Kelly, Brendan D.
Chapter 21 The right to mental health care in mental health legislation
title Chapter 21 The right to mental health care in mental health legislation
title_full Chapter 21 The right to mental health care in mental health legislation
title_fullStr Chapter 21 The right to mental health care in mental health legislation
title_full_unstemmed Chapter 21 The right to mental health care in mental health legislation
title_short Chapter 21 The right to mental health care in mental health legislation
title_sort chapter 21 the right to mental health care in mental health legislation
topic Children and mental health law; Decision-making capacity; Justice and mental health law; Mental health law; UN Convention on Rights of the person with disabilities; World Health Organization’s QualityRights Initiative; coercion; forensic psychiatry and criminal law; gender and mental health law; human rights; involuntary psychiatric treatment; mental health and criminal law; older adults and mental health law
topic_facet Children and mental health law; Decision-making capacity; Justice and mental health law; Mental health law; UN Convention on Rights of the person with disabilities; World Health Organization’s QualityRights Initiative; coercion; forensic psychiatry and criminal law; gender and mental health law; human rights; involuntary psychiatric treatment; mental health and criminal law; older adults and mental health law
url https://library.oapen.org/handle/20.500.12657/86377
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