A New Era for Mental Health Law and Policy
Supported Decision-Making and the UN Convention on the Rights of Persons with Disabilities

International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.

Piers Gooding (Author)

9781107140745, Cambridge University Press

Hardback, published 13 October 2017

294 pages
23.5 x 15.7 x 2 cm, 0.55 kg

'The book looks at how the CRPD and its articulation of autonomy, human dignity and solidarity provide a conceptual and practical alternative to existing mental health legislation. It challenges long-held views on mental health legislation and is a timely development given major issues facing mental health systems in Western high-income countries, on which the book concentrates.' Martin Curtice, The British Journal of Psychiatry

The Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy. In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear. In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the 'will, preference and rights' of persons with disabilities 'on an equal basis with others'. This book explores the implications of the CRPD for law, policy and practice that respond to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds the potential to address persistent shortcomings in mental health law and policy.

Introduction
Part I. What Do Human Rights Mean for Mental Health Law?: 1. Mental health law: purpose and procedures
2. Mental health, law and the United Nations Convention on the Rights of Persons with Disabilities: new tools or new paradigm?
3. Major criticisms of mental health law
Part II. The CRPD-Support Framework and Mental Health: New Tools or New Paradigm?: 4. The CRPD-support framework
5. Applying the CRPD-support framework in law
6. Practical examples of the CRPD-suport approach in the mental health context
7. Navigating the 'flashing amber lights' of the CRPD-support framework: addressing major concerns
Conclusion.

Subject Areas: Clinical psychology [MMJ], Mental health law [LNTM1], Medical & healthcare law [LNTM], Human rights [JPVH]