Abstract

http://ssrn.com/abstract=1268135
 
 

References (101)



 
 

Citations (2)



 


 



Mental Health Tribunals: Rights Drowning in Un-'Chartered' Health Waters?


Terry Carney


University of Sydney - Faculty of Law

Fleur Aileen Beaupert


Independent Researcher

September, 15 2008

Australian Journal of Human Right, Vol. 3, No. 2, pp. 181-208, 2008
Sydney Law School Research Paper No. 08/106

Abstract:     
This article assesses features of mental heath legislation relating to compulsory treatment and mental health tribunal processes against domestic 'Charters' of rights recently enacted in Victoria and the Australian Capital Territory. It is argued that genuinely interdisciplinary, multi-member mental health tribunals are vital to the quality of decision-making, and mental health tribunals should be funded to enable them to spend adequate time assessing the merits of each case in line with civil rights standards for prompt and fair hearings, especially where individual liberty is at stake. Because overseas research demonstrates that mental health is a very special jurisdiction, the article summarises those findings before turning to the human rights implications.

Number of Pages in PDF File: 29

Keywords: Mental health, human rights, tribunal membership, resourcing, social and economic rights

JEL Classification: I10, I18, K10, K30, K32, K40

Accepted Paper Series


Download This Paper

Date posted: September 16, 2008  

Suggested Citation

Carney, Terry and Beaupert, Fleur Aileen, Mental Health Tribunals: Rights Drowning in Un-'Chartered' Health Waters? (September, 15 2008). Australian Journal of Human Right, Vol. 3, No. 2, pp. 181-208, 2008; Sydney Law School Research Paper No. 08/106. Available at SSRN: http://ssrn.com/abstract=1268135

Contact Information

Terry Carney (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Fleur Aileen Beaupert
Independent Researcher ( email )
No Address Available
Feedback to SSRN


Paper statistics
Abstract Views: 1,005
Downloads: 142
Download Rank: 119,782
References:  101
Citations:  2

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.219 seconds