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Advocacy and Participation in Mental Health Cases: Realisable Rights or Pipe-Dreams?

Terry Carney
University of Sydney - Faculty of Law

Fleur Aileen Beaupert
University of Sydney

Julia Perry
University of Sydney - Faculty of Law

David Tait
University of Canberra



Law in Context, Vol. 26, No. 2, pp. 125-147, 2008
Sydney Law School Research Paper No. 08/139

Abstract:     
This article discusses Australian experiences of mental health clients, legal advocates and other stakeholders in the mental health review system. We review forms of advocacy, the reactions to these, and the contribution lawyers make to protecting rights within this field. Based on our fieldwork we suggest a mixed model of advocacy, one that includes legal representation that goes beyond simple 'following instructions', but also self-advocacy, systemic advocacy and mobilisation of support networks. We suggest that Jan Brakel was right to recently call for a re-conceptualisation of mental health advocacy, and indicate ways this might be achieved.

Accepted Paper Series

Date posted: November 26, 2008 ; Last revised: November 26, 2008

Suggested Citation

Carney, Terry, Beaupert, Fleur Aileen, Perry, Julia and Tait, David, Advocacy and Participation in Mental Health Cases: Realisable Rights or Pipe-Dreams? (November, 25 2008). Law in Context, Vol. 26, No. 2, pp. 125-147, 2008; Sydney Law School Research Paper No. 08/139. Available at SSRN: http://ssrn.com/abstract=1307346


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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
University of Sydney ( email )
New South Wales
Sydney, NSW 2006
Australia
Julia Perry
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
David Tait
University of Canberra ( email )
Law Faculty
Canberra, ACT 2601
Australia
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