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http://ssrn.com/abstract=1688685
 
 

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Involuntary Mental Health Treatment Laws: The ‘Rights’ and the Wrongs of Competing Models?


Terry Carney


University of Sydney - Faculty of Law

October 6, 2010

RETHINKING RIGHTS-BASKED MENTAL HEALTH LAWS, pp. 257-274, B. McSherry, P. Weller, eds., Hart Publishing, 2010
Sydney Law School Research Paper No. 10/94

Abstract:     
This Chapter argues for retention, in renovated form, of a ‘rights’ model of mental health legislation, built around re-structured mental health review hearings providing not only protections for ‘civil’ rights through prompt and full interdisciplinary review of the basis for involuntary detention, but also fully engaging the medical (treatment) and social (functional) aspects of involuntary mental health care. It is argued that these wider responsibilities of mental health tribunals are a key constituent of plans for advancing socio-economic as well as the traditional civil rights of mentally ill people at various levels of interaction with government or civil society. This expanded range of functions will advance both the right to health, and assist in realising the right to social participation (or ‘social citizenship’).

Number of Pages in PDF File: 27

Keywords: mental health, involuntary treatment, community treatment orders, human rights, reform

JEL Classification: K10, K30, K32

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Date posted: October 8, 2010  

Suggested Citation

Carney, Terry, Involuntary Mental Health Treatment Laws: The ‘Rights’ and the Wrongs of Competing Models? (October 6, 2010). RETHINKING RIGHTS-BASKED MENTAL HEALTH LAWS, pp. 257-274, B. McSherry, P. Weller, eds., Hart Publishing, 2010; Sydney Law School Research Paper No. 10/94. Available at SSRN: http://ssrn.com/abstract=1688685

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
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