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The Mental Health Act 2001, Irish and European law, and the contribution they make towards protecting the rights of people in relation to involuntary admission to psychiatric hospitals in Ireland
- Author:
- JOY Brid
- Journal article citation:
- Irish Social Worker, Autumn 2012, pp.20-25.
- Publisher:
- Irish Association of Social Workers
For many years Irish law was reluctant to conform to international laws in relation to the treatment of persons with a mental disorder. This changed with the implementation of the 2001 Mental Health Act. The 2001 Mental Health Act helped to bring Irish mental health law into conformity with the European Convention for the protection of human rights and assisted in giving fundamental freedoms to individuals involuntarily admitted. This article examines the current rights individuals involuntarily admitted to psychiatric institutions have in Ireland, and how the laws serve to protect these individuals. It focuses particularly on the effects the 2001 Mental Health Act is having these rights and looks at how the European Convention on Human Rights (ECHR) acts as a protective force for those who are involuntarily admitted in Ireland. It concludes that, while there are some criticisms of the laws protecting those involuntarily admitted in Ireland, there have also been considerable positive developments.
The Mental Health Bill: plans to amend the Mental Health Act 1983: the definition of mental disorder
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2006
- Pagination:
- 4p.
- Place of publication:
- London
Introduces a new, simplified definition of mental disorder throughout the Act
A third wave, not a third way? New Labour, human rights and mental health in historical context
- Author:
- CARPENTER Mick
- Journal article citation:
- Social Policy and Society, 8(2), April 2009, pp.215-230.
- Publisher:
- Cambridge University Press
This historically situated, UK-based review of New Labour's human rights and mental health policy following the 1998 Human Rights Act (HRA) and 2007 Mental Health Act (MHA), draws on Klug's identification of three waves of human rights. These occurred around the American and French Revolutions, after World War II, and following the collapse of state communism in 1989, and the article assesses impacts on mental health policy up to and including the New Labour era. It critiques current equality and rights frameworks in mental health and indicates how they might be brought into closer alignment with third wave principles.
Objection, purpose and normality: three ways in which the courts have inhibited safeguarding
- Author:
- HEWITT David
- Journal article citation:
- Journal of Adult Protection, 14(6), 2012, pp.280-286.
- Publisher:
- Emerald
This paper considers three ways in which the English courts have sought to define deprivation of liberty, and maybe limit the effect of safeguards against it. Two significant decisions of the Court of Appeal were considered, together with one each of the House of Lords and the European Court of Human Rights. Consideration was also given to the context of those decisions, as disclosed in official policy documents and at least one piece of academic research. The author concluded that the decisions in question have limited the circumstances that will amount to deprivation of liberty and thereby reduced the scope of the Deprivation of Liberty Safeguards (DoLS). The English courts’ understanding of false imprisonment is diverging from their understanding of deprivation of liberty. The English courts differ from the European Court of Human Rights in their understanding of the relevance of purpose to the question of deprivation of liberty. If the former are correct, the DoLS – and maybe even the Mental Health Act – are redundant.
Autonomy, benefit and protection: how human rights can protect people with mental health conditions or learning disabilities from unlawful deprivation of liberty
- Author:
- PATRICK Hilary
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2008
- Pagination:
- 52p.
- Place of publication:
- Edinburgh
This paper considers how the law and practice in Scotland relating to the care and treatment of people with mental health issues or learning disabilities respects their right to liberty and security guaranteed by Article 5 of the European Convention of Human Rights (ECHR). In recent years the law has changed, with the Adult Support and Protection (Scotland) Act 2007 clarifying the rights of local authorities to make community care arrangements for adults who are incapable of making such arrangements themselves. Helpful guidance from the Scottish Government (the s13ZA guidance) highlights good practice issues. The s13ZA guidance is clear that it is not appropriate to use the new provisions of the Social Work (Scotland) Act where care arrangements may constitute a ‘deprivation of liberty’ within Article 5 ECHR. This paper aims to build on the guidance from the Scottish Government. It deals with areas that the Scottish Government does not cover, for example patients in hospital and people living in their own homes, and outlines areas where further good practice advice could be helpful. The paper is in 5 parts. Part 1 looks at what is meant by deprivation of liberty and the requirements of ECHR law. Parts 2 and 3 look at deprivation of liberty in context and discusses how the rules operate in specific situations. Part 4 considers how the principles of Adults with Incapacity Act law and ECHR law can help form a framework for decision making in these difficult situations and Part 5 draws some conclusions.
The Mental Health Bill 2006: what effect on children?
- Author:
- DALY Christine
- Journal article citation:
- Childright, 234, March 2007, pp.22-25.
- Publisher:
- Children's Legal Centre
The main aim of the Mental Health Bill is to update the Mental Health Act 1983 to ensure that people with serious mental health disorders can be treated, whether or not they consent, in order to prevent them from harming themselves or others. This article traces the history of the Bill and as it passes from the House of Lords into the Commons looks at some of the issues that have been raised by the Joint Committee on Human Rights, the National Children's Bureau in its Child Impact Statement and YoungMinds, in relation to its impact on human rights in general and children in particular.
The Mental health Bill: plans to amend the Mental Health Act 1983: nearest relatives
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2006
- Pagination:
- 3p.
- Place of publication:
- London
Nearest relative clause of the Bill makes it possible for some patients to appoint a different ‘nearest relative’ to represent them
A human right to be detained? Mental healthcare after ‘Savage’ and ‘Rabone’
- Authors:
- RAHMAN Mohmmad Shaiyan, WOLFERSTAN Nadya
- Journal article citation:
- Psychiatrist (The), 37(9), 2013, pp.294-296.
- Publisher:
- Royal College of Psychiatrists
The UK courts have recently considered the management of suicidal patients in the cases of Savage and Rabone. In the Rabone case, the Supreme Court of the UK ruled that the state had a special operational duty to protect the right to life in informal psychiatric patients. As a result of these judgments, the case law has extended significantly the responsibilities of mental healthcare providers. This article discusses the repercussions of these landmark decisions which are likely to have significant consequences for mental health service providers in the UK. (Edited publisher abstract)
Mental health law in England and Wales: a guide for approved mental health professionals
- Author:
- BARBER Paul
- Publisher:
- Learning Matters
- Publication year:
- 2012
- Pagination:
- 464p.
- Place of publication:
- London
- Edition:
- 2nd ed.
Intended for mental health professionals, including social workers, occupational therapists, general practitioners and nurses, this guide deals with the Mental Health Act 1983 as amended by the Mental Health Act 2007. It includes the full text of the main body of the Mental Health Act, relevant rules and regulations, advice on how mental health law operates in practice, checklists for working with the legislation, and case law and case examples to illustrate key points. It covers the background to the Act, codes of practice, mental disorder and the availability of appropriate medical treatment, civil admission and compulsion in hospital and civil compulsion in the community, mentally disordered offenders, medical treatment, the Mental Capacity Act 2005, the deprivation of liberty safeguards, tribunals, hospital managers, the nearest relative, the Care Quality Commission (England) and the Healthcare Inspectorate Wales, independent mental health advocates, Human Rights Act implications, and children and young people.
Mental Welfare Commission for Scotland: summary of outcomes from focussed visits 2010-11
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2011
- Pagination:
- 19p.
- Place of publication:
- Edinburgh
Between April 2010 and March 2011, the Commission undertook 87 focussed visits to people receiving care for mental health problems or learning disability in various settings. A total of 301 recommendations for improvement were made following these visits. When followed up, it was found that services had taken satisfactory action in 76% of cases. This paper reports on the main issues emerging from 74 of those visits, and specific examples of improvements made by these services after the visits. These 74 visits were to people receiving treatment in the following types of care settings: intensive psychiatric care and secure units; care facilities for people with learning disability; older people in hospital; older people in care homes; people with mental disorders in prison; young people's care facilities; mental health continuing care and rehabilitation facilities; and adult acute admission wards. Many of the recommendations addressed principles of Scottish mental health and incapacity legislation, the articles of human rights legislation and other international conventions. The most common issues raised were: care environments that did not appear to meet people's right to privacy and dignity; care plans that did not appear to comply with the principles of maximum benefit, participation and the range of options available; and lack of attention to physical health.