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

Law in Context, Vol. 26, No. 2, pp. 125-147, 2008

Sydney Law School Research Paper No. 08/139

29 Pages Posted: 26 Nov 2008  

Terry Carney

The University of Sydney Law School

Fleur Aileen Beaupert

La Trobe University - School of Law

Julia Perry

The University of Sydney Law School

David Tait

University of Canberra

Date Written: November, 25 2008

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.

Suggested Citation

Carney, Terry and Beaupert, Fleur Aileen and 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: https://ssrn.com/abstract=1307346

Terry Carney (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Fleur Aileen Beaupert

La Trobe University - School of Law ( email )

Melbourne
Victoria, 3086
Australia

HOME PAGE: http://www.latrobe.edu.au/law

Julia Perry

The University of Sydney Law School ( email )

New 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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