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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.
English mental health policy under New Labour
- Authors:
- PILGRIM David, RAMON Shulamit
- Journal article citation:
- Policy and Politics, 37(2), April 2009, pp.273-288.
- Publisher:
- Policy Press
This article reviews the changes in mental health policy in England under the jurisdiction of New Labour governments between 1997 and 2007. These are considered in relation to recurring policy questions about: the structures and processes involved in responding to mental health problems; professional jurisdiction for mental health problems; the conditions under which mental disorder should be lawfully controlled; links with wider health and welfare policy changes; and the enhancement of mental health in the population. Distinctions are made in the analysis between continuities about this policy agenda and the particular features linked to the period under consideration, initiated or responded to by government.
Defining mental disorder: tautology in the service of sanity in British mental health legislation
- Author:
- PILGRIM David
- Journal article citation:
- Journal of Mental Health, 14(5), October 2005, pp.435-443.
- Publisher:
- Taylor and Francis
- Place of publication:
- London
Recently the British government has issued a Draft Mental Health Bill, which offers a definition of mental disorder. The authors analyse this definition in logical and empirical terms. It is also contrasted with previous struggles in the professional literature to provide a cogent and credible definition of mental disorder. Socio-historical forces are described relevant to this current lack of clarity and credibility. They argue that all efforts to date to define mental disorder have been flawed on a number of counts. The concept of mental disorder is of dubious scientific validity but it has a substantial political utility for several social groups who are sane by mutual agreement.
Sex, relationships and mental health
- Authors:
- PACITTI Richard, THORNICROFT Graham
- Journal article citation:
- A Life in the Day, 13(1), February 2009, pp.27-30.
- Publisher:
- Emerald
There is relatively little written about the sexuality of people with mental health problems. Staff are often unsure how to balance service users rights to live a full life with the need to protect people considered to be vulnerable. This article explores the issues of sex, relationships and mental health. The authors also mention a film, Unspoken, made by Mind in Croydon which covers these issues.
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.
The evolution of mental disorder as a legal category in England and Wales
- Authors:
- FORRESTER Andrew, et al
- Journal article citation:
- Journal of Forensic Psychiatry and Psychology (The), 19(4), December 2008, pp.543-560.
- Publisher:
- Taylor and Francis
The Mental Health Act 2007 offers a significant conceptual departure from prior legislation in England and Wales. By abolishing important medical sub-categories and ignoring calls for capacity-based legislation, it refuses to recognise important differences between syndromes that have been carefully delineated over centuries, and denies medicine and the law common language. These ideological changes are set alongside important changes in services, but signify a new potential for mass preventive detention that will confuse detaining professionals, result in unnecessarily complex legal questions, and create a new potential for blame within a profession that has recently been inquiry (and blame) laden. The authors argue for the retention of sub-categorisation through a Code of Practice which has yet to be produced, or subsequent clinical practice. Professional restraint and good common sense will be necessary in the meantime.
The nearest relative under the Mental Health Act 2007
- Authors:
- CURRAN Christopher, HEWITT David
- Journal article citation:
- Openmind, 152, July 2008, pp.24-25.
- Publisher:
- MIND
This article focuses on the changes the government had made to the nearest relative scheme (NR) in the 2007 Mental Health Act, which amends the arrangements in the 1983 Mental Health Act.
Triumph for age-appropriate care
- Author:
- WALLACE Cathy
- Journal article citation:
- Children Now, 18.07.07, 2007, p.12.
- Publisher:
- Haymarket
The Mental Health Bill has become law and stipulates that children should not be placed on adult wards. The author reports on how professionals are likely to implement the new requirement.
Changes to (un)fitness to plead and insanity proceedings
- Authors:
- MORRIS A. J., et al
- Journal article citation:
- Journal of Forensic Psychiatry and Psychology (The), 17(4), December 2006, pp.603-610.
- Publisher:
- Taylor and Francis
Significant changes to both unfitness to plead and the defence of insanity are hidden away in the Domestic Violence, Crime, and Victims Act 2004. These changes, which could easily be overlooked, are the subject of discussion in this paper.
The Act one year on - a mental health officer's perspective
- Author:
- LOCKERBIE Gordon
- Journal article citation:
- Rostrum Magazine, 86, October 2006, pp.12-13.
- Publisher:
- British Association of Social Workers (Scotland)
The author, a Mental Health Officer, discusses the impact of the new Mental Health (Care and Treatment) (Scotland) Act 2003 on managing work for older people. Although it has increased workloads, he argues it is more professional rewarding, improves patients rights and will improve services for people with mental health problems.