Book contents
- Mental Health, Legal Capacity, and Human Rights
- Mental Health, Legal Capacity, and Human Rights
- Copyright page
- Contents
- Figures
- Tables
- Boxes
- Contributors
- Preface
- Foreword
- Introduction A “Paradigm Shift” in Mental Health Care
- 1 The Alchemy of Agency: Reflections on Supported Decision-Making, the Right to Health and Health Systems as Democratic Institutions
- 2 Redefining International Mental Health Care in the Wake of the COVID-19 Pandemic
- 3 Reparation for Psychiatric Violence: A Call to Justice
- 4 Divergent Human Rights Approaches to Capacity and Consent
- 5 From Pipe Dream to Reality: A Practical Legal Approach Towards the Global Abolition of Psychiatric Coercion
- 6 The ‘Fusion Law’ Proposals and the CRPD
- 7 Contextualising Legal Capacity and Supported Decision Making in the Global South Experiences: of Homeless Women with Mental Health Issues from Chennai, India
- 8 The Potential of the Legal Capacity Law Reform in Peru to Transform Mental Health Provision
- 9 Advancing Disability Equality Through Supported Decision-Making: The CRPD and the Canadian Constitution
- 10 Decisional Autonomy and India’s Mental Healthcare Act, 2017: A Comment on Emerging Jurisprudence
- 11 Towards Resolving Damaging Uncertainties: Progress in the United Kingdom and Elsewhere
- 12 ‘The Revolution Will Not Be Televised’: Recent Developments in Mental Health Law Reform in Zambia and Ghana
- 13 Supported Decision-Making and Legal Capacity in Kenya
- 14 Seher’s “Circle of Care” Model in Advancing Supported Decision Making in India
- 15 The Swedish Personal Ombudsman: Support in Decision-Making and Accessing Human Rights
- 16 Strategies to Achieve a Rights-Based Approach through WHO QualityRights
- 17 The Clubhouse Model: A Framework for Naturally Occurring Supported Decision Making
- 18 Mind the Gap: Researching ‘Alternatives to Coercion’ in Mental Health Care
- 19 Psychiatric Advance Directives and Supported Decision-Making: Preliminary Developments and Pilot Studies in California
- 20 Community-Based Mental Health Care Delivery with Partners In Health: A Framework for Putting the CRPD into Practice
- 21 Lived Experience Perspectives from Australia, Canada, Kenya, Cameroon and South Africa – Conceptualising the Realities
- 22 In the Pursuit of Justice: Advocacy by and for Hyper-marginalized People with Psychosocial Disabilities through the Law and Beyond
- 23 The Danish Experience of Transforming Decision-Making Models
- 24 The Use of Patient Advocates in Supporting People with Psychosocial Disabilities
- 25 Users’ Involvement in Decision-Making: Lessons from Primary Research in India and Japan
- 26 Involvement of People with Lived Experience of Mental Health Conditions in Decision-Making to Improve Care in Rural Ethiopia
- References
Introduction - A “Paradigm Shift” in Mental Health Care
Published online by Cambridge University Press: 20 August 2021
Book contents
- Mental Health, Legal Capacity, and Human Rights
- Mental Health, Legal Capacity, and Human Rights
- Copyright page
- Contents
- Figures
- Tables
- Boxes
- Contributors
- Preface
- Foreword
- Introduction A “Paradigm Shift” in Mental Health Care
- 1 The Alchemy of Agency: Reflections on Supported Decision-Making, the Right to Health and Health Systems as Democratic Institutions
- 2 Redefining International Mental Health Care in the Wake of the COVID-19 Pandemic
- 3 Reparation for Psychiatric Violence: A Call to Justice
- 4 Divergent Human Rights Approaches to Capacity and Consent
- 5 From Pipe Dream to Reality: A Practical Legal Approach Towards the Global Abolition of Psychiatric Coercion
- 6 The ‘Fusion Law’ Proposals and the CRPD
- 7 Contextualising Legal Capacity and Supported Decision Making in the Global South Experiences: of Homeless Women with Mental Health Issues from Chennai, India
- 8 The Potential of the Legal Capacity Law Reform in Peru to Transform Mental Health Provision
- 9 Advancing Disability Equality Through Supported Decision-Making: The CRPD and the Canadian Constitution
- 10 Decisional Autonomy and India’s Mental Healthcare Act, 2017: A Comment on Emerging Jurisprudence
- 11 Towards Resolving Damaging Uncertainties: Progress in the United Kingdom and Elsewhere
- 12 ‘The Revolution Will Not Be Televised’: Recent Developments in Mental Health Law Reform in Zambia and Ghana
- 13 Supported Decision-Making and Legal Capacity in Kenya
- 14 Seher’s “Circle of Care” Model in Advancing Supported Decision Making in India
- 15 The Swedish Personal Ombudsman: Support in Decision-Making and Accessing Human Rights
- 16 Strategies to Achieve a Rights-Based Approach through WHO QualityRights
- 17 The Clubhouse Model: A Framework for Naturally Occurring Supported Decision Making
- 18 Mind the Gap: Researching ‘Alternatives to Coercion’ in Mental Health Care
- 19 Psychiatric Advance Directives and Supported Decision-Making: Preliminary Developments and Pilot Studies in California
- 20 Community-Based Mental Health Care Delivery with Partners In Health: A Framework for Putting the CRPD into Practice
- 21 Lived Experience Perspectives from Australia, Canada, Kenya, Cameroon and South Africa – Conceptualising the Realities
- 22 In the Pursuit of Justice: Advocacy by and for Hyper-marginalized People with Psychosocial Disabilities through the Law and Beyond
- 23 The Danish Experience of Transforming Decision-Making Models
- 24 The Use of Patient Advocates in Supporting People with Psychosocial Disabilities
- 25 Users’ Involvement in Decision-Making: Lessons from Primary Research in India and Japan
- 26 Involvement of People with Lived Experience of Mental Health Conditions in Decision-Making to Improve Care in Rural Ethiopia
- References
Summary
The passage of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or the Convention) has been hailed as the culmination of a “paradigm shift” from the biomedical model of disability to the social and human rights-oriented model. The CRPD’s assertion of equal recognition before the law applying to all persons with disability, including mental health and psychosocial disability, and thus amounting to universal legal capacity, in Article 12 and in the subsequent General Comment, Number 1 on Article 12 issued by the Committee on the Rights of Persons with Disabilities (CRPD Committee), has been the subject of considerable debate. While many have argued that this is a long overdue protection and a manifestation of nondiscrimination and freedom from coercion on the basis of disability, some have raised concerns based on perceived impracticality or risk. Among the obligations of States parties to the Convention is the mandate to shift from coercion, in the form of substitute decision-making models, to supported decision-making regimes, relying on a “will and preference” standard rather than a “best interests” standard. Even while debate around the exact nature and scope of Article 12 and General Comment 1 continues, efforts to end coercion in mental health and to promote supported decision-making have been gaining momentum in laws, policies, and practices around the world.
- Type
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- Information
- Mental Health, Legal Capacity, and Human Rights , pp. 1 - 16Publisher: Cambridge University PressPrint publication year: 2021
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