Involuntary Mental Health Treatment Laws: The ‘Rights’ and the Wrongs of Competing Models?
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
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
Date posted: October 8, 2010