Mental Health Laws: Where to from Here?

Monash University Law Review 40(1): 175-197

23 Pages Posted: 1 Dec 2014

See all articles by Bernadette M. McSherry

Bernadette M. McSherry

Melbourne Social Equity Institute; Melbourne Law School

Date Written: 2014

Abstract

Most developed countries have laws that permit the detention and treatment of persons with severe mental impairments without their consent. In Australia, a number of governments have recently undergone or are currently undertaking reviews of mental health legislation in the light of the principles set out in the United Nations Convention on the Rights of Persons with Disabilities. This Convention has generated debates about (a) — whether mental health laws that enable involuntary detention and treatment should be abolished on the basis that they unjustifiably breach human rights; as well as (b) — whether such laws can be reformed in the light of human rights principles to ensure respect for individual choices in relation to treatment. This article explores what these debates may mean for the provision of involuntary treatment in the future.

Keywords: Mental Health, Criminal Law, Human Rights, Law Reform

JEL Classification: K00, K10, K14, K19, K32, K40, K42

Suggested Citation

McSherry, Bernadette M., Mental Health Laws: Where to from Here? (2014). Monash University Law Review 40(1): 175-197 , Available at SSRN: https://ssrn.com/abstract=2532232

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

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