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

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

27 Pages Posted: 8 Oct 2010  

Terry Carney

The University of Sydney Law School

Date Written: October 6, 2010

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’).

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

JEL Classification: K10, K30, K32

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: https://ssrn.com/abstract=1688685

Terry Carney (Contact Author)

The University of Sydney Law School ( email )

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

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