Mental health, legal capacity, and human rights /

Mental health, legal capacity, and human rights / edited by Michael Ashley Stein, Harvard Law School, Massachusetts; Faraaz Mahomed, Wits University; Vikram Patel, Harvard Medical School; Charlene Sunkel, Global Mental Health Peer Network. - xxxvii, 412 pages : illustrations ; 24 cm

Includes bibliographical references.

Introduction : a 'paradigm shift' in mental health care / Faraaz Mahomed, Michael Ashley Stein, Vikram Patel and Charlene Sunkel -- The alchemy of agency : reflections on supported decision-making, the right to health and health systems as democratic institutions / Alicia Ely Yamin -- Redefining international mental health care in the wake of the COVID-19 pandemic / Benjamin A. Barsky, Julie Hannah and Dainius Pūras -- Reparation for psychiatric violence : a call to justice / Tina Minkowitz -- Divergent human rights approaches to capacity and consent / Gerald L. Neuman -- From fairy tale to reality : a practical legal approach towards the global abolition of psychiatric coercion / Laura Davidson -- The "fusion law" proposals and the CRPD / John Dawson and George Szmukler -- Contextualising legal capacity and supported decision making in the Global South : experiences of homeless women with mental health issues from Chennai, India / Mrinalini Ravi, Barbara Regeer, Archana Padmakar, Vandana Gopikumar and Joske Bunders -- The potential of the legal capacity law reform in Peru to transform mental health provision / Alberto Vásquez Encalada -- Advancing disability equality through supported decision making : the CRPD and the Canadian constitution / Faisal Bhabha -- Decisional autonomy and India's Mental Healthcare Act, 2017 : a comment on emerging jurisprudence / Soumitra Pathare and Arjun Kapoor -- Towards resolving damaging uncertainties : progress in the United Kingdom and elsewhere / Adrian D. Ward -- "The revolution will not be televised" : recent developments in mental health law reform in Zambia and Ghana / Heléne Combrinck and Enoch Chilemba -- Supported decision-making and legal capacity in Kenya / Elizabeth Kamundia and Ilze Grobbelaar-du Plessis -- Seher's "circle of care" model in advancing supported decision making in India / Bhargavi V. Davar, Kavita Pillai and Kimberly LaCroix -- The Swedish personal ombudsman : support in decision-making and accessing human rights / Ulrika Järkestig Berggren -- Strategies to achieve a rights based approach through WHO quality rights / Michelle Funk, Natalie Drew Bold, Joana Ansong, Daniel Chisholm, Melita Murko, Joyce Nato, Sally-Ann Ohene, Jasmine Vergara and Edwina Zoghbi -- The clubhouse model : a framework for naturally occurring supported decision making / Joel D. Corcoran, Cindy Hamersma and Steven Manning -- Mind the gap : researching "alternatives to coercion" in mental health care / Piers Gooding -- Psychiatric advance directives and supported decision-making : preliminary developments and pilot studies in California / Christopher Schnieders, Elyn R. Saks, Jonathan Martinis and Peter Blanck -- Community-based mental health care delivery with partners in health : a framework for putting the CRPD into practice / Stephanie L. Smith -- Lived experience perspectives from Australia, Canada, Kenya, Cameroon and South Africa - conceptualizing the realities / Charlene Sunkel, Andrew Turtle, Sylvio A Gravel, regi Mwenja and Marie Angele Abanga -- In the pursuit of justice : advocacy by and for hyper-marginalized people with psychosocial disabilities through the law and beyond / Lydia X. Z. Brown and Shain M. Neumeier -- The Danish experience of transforming decision-making models / Dorrit Cato Christensen -- The use of patient advocates in supporting people with psychosocial disabilities / Aikaterini Nomidou -- Users' involvement in decision- making : lessons from primary research in India and Japan / Kanna Sugiura -- Involvement of people with lived experience of mental health conditions in decision- making to improve care in rural Ethiopia / Sally Souraya, Sisay Abyaneh, Charlotte Hanlon and Laura Asher.

"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 issued by the Committee on the Rights of Persons with Disabilities, has been the subject of considerable debate. While many have argued that this is a protection and manifestation of non-discrimination and freedom from coercion, 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, 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 around the world"--

9781108838856 9781108972451

Convention on the Rights of Persons with Disabilities and Optional Protocol

Mental health laws.
Mental health policy.

K 3608 / M47 2021