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

by Piers Gooding

Overview

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.

Product Details

ISBN-13:	9781108506472
Publisher:	Cambridge University Press
Publication date:	10/13/2017
Series:	Cambridge Disability Law and Policy Series
Sold by:	Barnes & Noble
Format:	eBook
File size:	2 MB

About the Author

Piers Gooding is currently Postdoctoral Research Fellow at the Melbourne Social Equity Institute and the Melbourne Law School at the University of Melbourne. He has held a number of teaching and research appointments, including at Monash University, the Centre for Disability Law and Policy at the National University of Ireland, Galway, and as a visiting research fellow at King's College London. His research focuses on disability law and policy, with a special focus on the UN Convention on the Rights of Persons with Disabilities.

Table of Contents

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.

Editorial Reviews

‘Wonderful achievement, breaking new ground on the implications of the CRPD for mental health law, policy, and practice. A compelling resource for leaders with and without disabilities in the examination of human rights and personal autonomy as foundational elements for an inclusive world for all people.' Peter Blanck, Chairman Burton Blatt Institute, Syracuse University, New York, and author of eQuality: The Struggle for Web Accessibility by Persons with Cognitive Disabilities

'This book is very timely, and with its professionalism and eloquence it will contribute vitally to much-needed discourse on mental healthcare and psychiatry in the post-CRPD era. Today, there remain so many myths and misunderstandings that have built up during long years of discrimination in the name of medicine and psychiatry - so much so, that many have become accepted as ‘common sense’. There is an obvious need for basic changes in laws, policies and services, but firstly - in attitudes. This book will be extremely helpful to all those who are willing to make a change.' Dainius Pūras, UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of health

'This book is a finely balanced analysis of the need to rethink mental health law, policy and practice from a human rights perspective. It is highly accessible, clear and well argued. It analyses the needs for reform and change, and the ‘tremendous strategies … required to align law, policy and practice in the mental health context with human rights aspirations for the twenty-first century’ (page 5). The author notes there are no absolute answers to contested questions including that of non-consensual psychiatric intervention. Piers Gooding writes with authority and provides a valuable resource for all who will be grappling with these crucial matters in the years ahead.' Helen Herrman, Professor of Psychiatry, Orygen, The National Centre of Excellence in Youth Mental Health, and Centre for Youth Mental Health, The University of Melbourne, Australia

'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

From the Publisher