New law and ethics in mental health advance directives : the Convention on the Rights of Persons with Disabilities and the right to choose / Penelope Weller.
2013
K640 .W45 2013 (Map It)
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Details
Author
Title
New law and ethics in mental health advance directives : the Convention on the Rights of Persons with Disabilities and the right to choose / Penelope Weller.
Published
East Sussex [UK] ; New York : Routledge, 2013.
Call Number
K640 .W45 2013
ISBN
9780415532945 (hbk. ; alk. paper)
0415532949 (hbk. ; alk. paper)
9780203079300 (ebk.)
0203079302 (ebk.)
0415532949 (hbk. ; alk. paper)
9780203079300 (ebk.)
0203079302 (ebk.)
Description
xxiv, 184 pages ; 24 cm.
System Control No.
(OCoLC)776536054
Summary
"The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights. The book covers topics including: refusing treatment new approaches in human rights international perspectives in mental health law the right to demand treatment. The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 162-176) and index.
Record Appears in
Table of Contents
Table of cases
x
Table of legislation
xiii
Table of international instruments
xvii
Foreword
xx
Acknowledgements
xxii
List of abbreviations
xxiii
1.
right to choose
1
Approach
2
Choice and human rights
3
Informed consent and capacity
4
Rights-based mental health laws
8
Mental health advance directives
9
right to health
11
Structure of the book
12
pt. 1
Convention on the Rights of Persons with Disabilities
15
2.
quiet revolution
17
Disability and human rights law
18
reintegration of human rights
19
right to health
22
social determinants of health
24
right to health in the CRPD
26
3.
social model of disability
27
social construction of disability
21
social model of health
29
social model of disability in the CRPD
30
Participation and choice
31
Capacity and support
33
4.
Non-discrimination and informed consent
38
Non-discrimination in the CRPD
39
Reasonable accommodation in mental health
42
Participation, equality and informed consent
43
Mental health advance directives
47
pt. 2
Mental health advance directives
51
5.
genesis of a movement
53
Social psychiatry, anti-psychiatry and radical social movements
53
Rights, refusal and entitlement
56
General health advance directives
58
Psychiatric advance directives
59
6.
Ontario, Canada and the principle of choice
61
Autonomy, integrity and health law in Ontario
62
Determining capacity
67
Human rights and Ontario law
70
7.
Mental health advance directives in England and Wales
75
Developments in the common law
76
Mental health advance directives in legislation
85
Advance refusals and mental health care
86
8.
Advance `statements' in Scotland
89
Comprehensive mental health law reform
90
Mental Health (Care and Treatment) Act 2003
92
Advance statements in practice
96
Non-discrimination
100
9.
Policy development in Australia and New Zealand
103
Policy and legislative reform in New Zealand
103
Policy reform in Australia
106
Legislative reform in Australia
110
Mental health advance directives and risk
113
pt. 3
Claiming choice I
117
10.
Access to treatment
119
right to health and privacy
120
Pretty and the right to end life
121
Tysiac and access to lawful treatments
123
Glass, Trinitas and disputed treatment
125
Vulnerability and choice
127
11.
Best interests and choice
130
ECrtHR and the right to liberty
131
Incapacity, partial capacity and participation
133
Patrick's case and best interests in Victoria, Australia
136
Discrimination and the CRPD
139
12.
Consensus, recovery and potential
143
Recovery and person-centred care
143
potential of mental health advance directives
148
Capacity principles
149
pt. 4
Conclusion
157
13.
Beyond consensus
159
Soft and hard enforceability
160
Bibliography
162
International instruments
177
Index
181