Mental Health Laws for Those ‘Compliant’ with Treatment

Journal of Law and Medicine, Vol. 17, No. 1, 2009

Monash University Faculty of Law Legal Studies Research Paper No. 2009/48

8 Pages Posted: 3 Jun 2011

See all articles by Bernadette M. McSherry

Bernadette M. McSherry

Melbourne Social Equity Institute; Melbourne Law School

Damien Bruckard

Monash University - Faculty of Law

Date Written: 2009

Abstract

The focus of current mental health laws is on the involuntary detention and treatment of those with low-prevalence, serious mental illnesses such as schizophrenia and bipolar disorder. However, an international trend is developing towards using mental health laws to safeguard the rights of patients who lack the capacity to consent to treatment but who are not objecting to it. This paper analyses the legislative response in England and Wales to a decision by the European Court of Human Rights indicating that there should be legislative procedures for those lacking capacity to consent to consent, but who are ‘compliant’ with treatment.

Keywords: mental health, involuntary detention, mental illness, capacity, consent, legislative responses, European Court of Human Rights

JEL Classification: K00, K19, K20, K29, K32, K33, K39, K40, K49

Suggested Citation

McSherry, Bernadette M. and Bruckard, Damien, Mental Health Laws for Those ‘Compliant’ with Treatment (2009). Journal of Law and Medicine, Vol. 17, No. 1, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2009/48, Available at SSRN: https://ssrn.com/abstract=1856340

Bernadette M. McSherry (Contact Author)

Melbourne Social Equity Institute ( email )

Parkville, Victoria 3010
Australia

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Damien Bruckard

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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