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oapen-20.500.12657-863772024-01-04T02:16:21Z 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 bic Book Industry Communication::L Law::LA Jurisprudence & general issues bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LND Constitutional & administrative law::LNDC Human rights & civil liberties law bic Book Industry Communication::L Law::LA Jurisprudence & general issues::LAM Comparative law bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LND Constitutional & administrative law bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNF Criminal law & procedure bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNT Social law::LNTQ Disability & the law bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNT Social law::LNTJ Public health & safety law bic Book Industry Communication::L Law::LB International law::LBL International law reports bic Book Industry Communication::M Medicine::MM Other branches of medicine::MMH Psychiatry 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. 2024-01-03T13:39:01Z 2024-01-03T13:39:01Z 2024 chapter 9781032128375 9781032128405 https://library.oapen.org/handle/20.500.12657/86377 eng application/pdf Attribution-NonCommercial-NoDerivatives 4.0 International 9781003226413_10.4324_9781003226413-27.pdf Taylor & Francis Routledge Handbook of Mental Health Law Routledge 10.4324/9781003226413-27 10.4324/9781003226413-27 7b3c7b10-5b1e-40b3-860e-c6dd5197f0bb 45d93939-2e50-411d-80d8-aea85f49f081 9781032128375 9781032128405 Routledge 20 open access
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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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9781003226413_10.4324_9781003226413-27.pdf
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Taylor & Francis
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2024
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1799945218401763328
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