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Author Weller, Penelope, 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 Hove, East Sussex ; New York : Routledge, [2013]
Hove, East Sussex : Routledge, 2013


Location Call no. Vol. Availability
 MELB  KN 185.18 Wel/Nla  AVAILABLE
Description xxiv, 184 pages ; 25 cm
Series Explorations in mental health series
Explorations in mental health series.
Contents Contents note continued: Social psychiatry, anti-psychiatry and radical social movements -- Rights, refusal and entitlement -- General health advance directives -- Psychiatric advance directives -- 6.Ontario, Canada and the principle of choice -- Autonomy, integrity and health law in Ontario -- Determining capacity -- Human rights and Ontario law -- 7.Mental health advance directives in England and Wales -- Developments in the common law -- Mental health advance directives in legislation -- 8 Advance refusals and mental health care -- 8.Advance ̀statements' in Scotland -- Comprehensive mental health law reform -- The Mental Health (Care and Treatment) Act 2003 -- Advance statements in practice -- Non-discrimination -- 9.Policy development in Australia and New Zealand -- Policy and legislative reform in New Zealand -- Policy reform in Australia -- Legislative reform in Australia -- Mental health advance directives and risk -- pt. 3 Claiming choice -- 10.Access to treatment --
Contents note continued: The right to health and privacy -- Pretty and the right to end life -- Tysiac and access to lawful treatments -- Glass, Trinitas and disputed treatment -- Vulnerability and choice -- 11.Best interests and choice -- ECrtHR and the right to liberty -- Incapacity, partial capacity and participation -- Patrick's case and best interests in Victoria, Australia -- Discrimination and the CRPD -- 12.Consensus, recovery and potential -- Recovery and person-centred care -- The potential of mental health advance directives -- Capacity principles -- pt. 4 Conclusion -- 13.Beyond consensus -- Soft and hard enforceability
Machine generated contents note: 1.The right to choose -- Approach -- Choice and human rights -- Informed consent and capacity -- Rights-based mental health laws -- Mental health advance directives -- The right to health -- Structure of the book -- pt. 1 The Convention on the Rights of Persons with Disabilities -- 2.A quiet revolution -- Disability and human rights law -- The reintegration of human rights -- The right to health -- The social determinants of health -- The right to health in the CRPD -- 3.The social model of disability -- The social construction of disability -- The social model of health -- The social model of disability in the CRPD -- Participation and choice -- Capacity and support -- 4.Non-discrimination and informed consent -- Non-discrimination in the CRPD -- Reasonable accommodation in mental health -- Participation, equality and informed consent -- Mental health advance directives -- pt. 2 Mental health advance directives -- 5.The genesis of a movement --
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
Analysis Australian
Notes Formerly CIP. Uk
Bibliography Includes bibliographical references and index
Subject Convention on the Rights of Persons with Disabilities and Optional Protocol (2007 March 30)
Insanity (Law)
Mental health laws.
Mental health -- Moral and ethical aspects.
Mental illness -- Psychological aspects.
LC no. 2012025654
ISBN 0415532949 (hardback)
9780415532945 (hardback)