The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.
Les mer
This title delves into mental health debates over abolition or reform, applying the socio-historical context to provide understanding. It presents both sides of the argument using multi-disciplinary sources to discuss these claims. It argues for the reform of mental health to maximize the support and choices given to those with mental impairments.
Les mer
1: Introduction 2: The History, Justification, and Purpose of Mental Health Law 3: The Case for the Abolition of Mental Health Law 4: The 'Interpretive Compass' of the CRPD: The Theory of Dignity 5: Application of Inherent Dignity to the Abolition with Support Model 6: The Interpretive Compass Part 2: Theories of Equality and Non-Discrimination 7: Difficulties with the Meaning of Eqality, Non-Discrimination, and Participation in the CRPD and their Application to the Abolition with Support Model 8: The Interpretive Framework and the Reform of Mental Health Law 9: Conclusion
Les mer
Explores the dispute about abolition or reform of mental health law into its socio-historical context drawing on multi-disciplinary sources Provides a balanced and in-depth analysis of CRPD and explores the meaning of three key values which underpin the CRPD and international human rights law - dignity (including autonomy), equality, and participation Includes consideration of human rights and the perspectives of people with disabilities and that of family, friends, supporters, and the community as a whole Examines critically the strengths and weaknesses of current mental health law, the dilemmas created by the call for its abolition, and the options for reform
Les mer
Kay Wilson is a lawyer, scholar, and writer with an interest in mental health, disability, and human rights law. She has a Bachelor of Arts and Laws and an Honours Degree in Psychology from Monash University and a PhD in law from the University of Melbourne. She was also a researcher on the Rethinking Mental Health Laws and the Seclusion and Restraint Projects and has published papers in Australian and international journals. In 2015, she won the Dontas Travelling Fellowship to Greece to give a paper on seclusion and restraint.
Les mer
Explores the dispute about abolition or reform of mental health law into its socio-historical context drawing on multi-disciplinary sources Provides a balanced and in-depth analysis of CRPD and explores the meaning of three key values which underpin the CRPD and international human rights law - dignity (including autonomy), equality, and participation Includes consideration of human rights and the perspectives of people with disabilities and that of family, friends, supporters, and the community as a whole Examines critically the strengths and weaknesses of current mental health law, the dilemmas created by the call for its abolition, and the options for reform
Les mer

Produktdetaljer

ISBN
9780192843258
Publisert
2021
Utgiver
Oxford University Press
Vekt
546 gr
Høyde
241 mm
Bredde
163 mm
Dybde
20 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
250

Forfatter

Biografisk notat

Kay Wilson is a lawyer, scholar, and writer with an interest in mental health, disability, and human rights law. She has a Bachelor of Arts and Laws and an Honours Degree in Psychology from Monash University and a PhD in law from the University of Melbourne. She was also a researcher on the Rethinking Mental Health Laws and the Seclusion and Restraint Projects and has published papers in Australian and international journals. In 2015, she won the Dontas Travelling Fellowship to Greece to give a paper on seclusion and restraint.