Chapter 1 History and development of mental health law

Mental health legislation has a lengthy history in most societies. Legislation commonly outlines the circumstances under which treatment without consent is permitted in psychiatric facilities. While the history of mental health legislation varies somewhat across jurisdictions, many saw significant e...

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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/20.500.12657/86376
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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 Mental health legislation has a lengthy history in most societies. Legislation commonly outlines the circumstances under which treatment without consent is permitted in psychiatric facilities. While the history of mental health legislation varies somewhat across jurisdictions, many saw significant expansions in mental health law during the nineteenth century, especially with the establishment of large public ‘mental hospitals’. These institutions generally declined during the twentieth century as treatments improved, societies became less tolerant of institutions, and bodies such as the United Nations increased their emphasis on human rights. This chapter summarises the history of mental illness and relevant legislation, early efforts to control people deemed ‘mentally ill’, the emergence and decline of mental hospitals, recent emphasis on human rights, and likely future developments. While this chapter uses the examples of Ireland (a high-income country in the Global North) and India (a lower middle-income country in the Global South), many countries remain under-represented in both the historiography and general literature. This chapter concludes that it is essential that mental health laws are just and fair, but that legislation has always been part of a broader social system of care which has commonly failed people with mental illness. We can and must do better.
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spelling doab-20.500.12854ir-1322802025-06-24T06:44:46Z Chapter 1 History and development of mental health law 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 Mental health legislation has a lengthy history in most societies. Legislation commonly outlines the circumstances under which treatment without consent is permitted in psychiatric facilities. While the history of mental health legislation varies somewhat across jurisdictions, many saw significant expansions in mental health law during the nineteenth century, especially with the establishment of large public ‘mental hospitals’. These institutions generally declined during the twentieth century as treatments improved, societies became less tolerant of institutions, and bodies such as the United Nations increased their emphasis on human rights. This chapter summarises the history of mental illness and relevant legislation, early efforts to control people deemed ‘mentally ill’, the emergence and decline of mental hospitals, recent emphasis on human rights, and likely future developments. While this chapter uses the examples of Ireland (a high-income country in the Global North) and India (a lower middle-income country in the Global South), many countries remain under-represented in both the historiography and general literature. This chapter concludes that it is essential that mental health laws are just and fair, but that legislation has always been part of a broader social system of care which has commonly failed people with mental illness. We can and must do better. 2024-01-04T04:19:13Z 2024-01-04T04:19:13Z 2024-01-03T13:26:07Z 2024 chapter https://library.oapen.org/handle/20.500.12657/86376 9781032128375 9781032128405 https://directory.doabooks.org/handle/20.500.12854/132280 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/20.500.12657/86376/1/9781003226413_10.4324_9781003226413-3.pdf https://library.oapen.org/bitstream/20.500.12657/86376/1/9781003226413_10.4324_9781003226413-3.pdf https://library.oapen.org/bitstream/20.500.12657/86376/1/9781003226413_10.4324_9781003226413-3.pdf Taylor & Francis Routledge 10.4324/9781003226413-3 10.4324/9781003226413-3 fa69b019-f4ee-4979-8d42-c6b6c476b5f0 Routledge Handbook of Mental Health Law Trinity College Dublin 60555808-cab5-41d8-b8e6-ec14bb01e756 9781032128375 9781032128405 Routledge 18 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 1 History and development of mental health law
title Chapter 1 History and development of mental health law
title_full Chapter 1 History and development of mental health law
title_fullStr Chapter 1 History and development of mental health law
title_full_unstemmed Chapter 1 History and development of mental health law
title_short Chapter 1 History and development of mental health law
title_sort chapter 1 history and development of mental health law
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/20.500.12657/86376
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