1st Edition
Routledge Handbook of Mental Health Law
Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia.
This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be.
The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.
List of contributors
List of figures
List of tables
Introduction
Mary Donnelly and Brendan D. Kelly
Part 1: Background and Context
Ch. 1: History and Development of Mental Health Law
Brendan D. Kelly
Ch. 2: Independent Mental Health Monitoring: Evaluating the Care Quality Commission in England’s Approach to Regulation, Rights and Risks
Judy Laing
Ch. 3: The Relationship between Ethics and Law in Mental Healthcare
Louise Campbell
Part 2: European and International Standards
Ch. 4: The European Court’s Incremental Approach to the Protection of Liberty, Dignity and Autonomy
Anna Nilsson
Ch. 5: The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law: Requirements and Responses
Suzanne Doyle Guilloud
Ch. 6: Responses to the World Health Organization’s QualityRights Initiative
Richard Duffy
Part 3: Specific Groups
Ch. 7: Children’s Mental Health Care: Decision-Making and Human Rights
Camilla Parker
Ch. 8: People with Learning Disability: Scotland and Beyond
Jill Stavert
Ch. 9: Mental Health Laws and Older Adults
Penelope Weller
Ch. 10: Abuse, Neglect and Adult Safeguarding in the Context of Mental Health and Disability
Laura Pritchard-Jones
Ch. 11: The Use of Trans-Related Diagnoses in Healthcare and Legal Gender Recognition: From Disease- to Identity-Based Models
Pieter Cannoot and Sarah Schoentjes
Ch. 12: Personality Disorder in Mental Health and Criminal Law
Ailbhe O’Loughlin
Part 4: Forensic Psychiatry and Criminal Law
Ch. 13: Mental illness and Criminal Law: Irreconcilable Bedfellows?
Jill Peay
Ch. 14: The Principles of Forensic Psychology and Criminal Law – An American Perspective
Eric Y. Drogin
Ch. 15: Mental capacity in Forensic Psychiatry
Stefano Ferracuti and Giovanna Parmigiani
Ch. 16: Capturing Mental Health Issues in International Criminal Law and Justice: The Input of the International Criminal Court
Caroline Fournet
Part 5: Issues, Controversies, Challenges
Ch. 17: Decision-making Capacity in Mental Health Law
Alex Ruck Keene and Katherine Reidy
Ch. 18: Risk of Harm and Involuntary Psychiatric Treatment
Matthew Large, Sascha Callaghan and Christopher James Ryan
Ch. 19: Compulsory Community Treatment: Is it the Least Restrictive Alternative?
John Dawson
Ch. 20: Socio-economic Inclusion and Mental Health Law
Terry Carney
Ch. 21: The Right to Mental Health
Brendan D. Kelly
Ch. 22: Mental Health, Discrimination and Employment Law
Mark Bell
Ch. 23: Family in Mental Health Law: Responding to Relationality
Mary Donnelly
Ch. 24: Consenting for Prevention: The Ethics of Ambivalent Choice in Psychiatric Genomics
Camillia Kong
Part 6: Developments in Specific Regions and Jurisdictions
Ch. 25: Change or Improvement? Mental Health Law Reform in Africa
Heléne Combrinck
Ch. 26: Mental Health Law and Practice in Ghana: An Examination of Act 846
Lily Kpobi, Charlotte Kwakye-Nuako and Leveana Gyimah
Elizabeth Kamundia and Ilze Grobbelaar-du Plessis
Ch. 28: Untapped Potential of China’s Mental Health Law Reform
Bo Chen
Ch. 29: Colonisation, history and the evolution of mental health legislation in India, Pakistan, Sri Lanka and Bangladesh
Sangeeta Dey and Graham Mellsop
Ch. 30: India’s Mental Healthcare Act, 2017 – A Promise for Transformation and Radical Change
Arjun Kapoor and Manisha Shastri
Ch. 31: An alternative to mental health law: the Mental Capacity Act (Northern Ireland) 2016
Gavin Davidson
Ch. 32: Argentina, Chile, Columbia and Peru: Mental Health Law and Legal Capacity
Pablo Marshall
Ch. 33: Mental Health Policies in Spanish and Portuguese Speaking South American Countries
Carla Aparecida Arena Ventura
Part 7: Future Directions
Ch. 34: Inter-disciplinary Collaboration in the Mental Health Sector: The Role of Law
Bernadette McSherry
Ch. 35: The Mental Health and Justice Project: reflections on strong interdisciplinarity
Gareth Owen
Ch. 36: ‘Digitising the Mental Health Act’: Are we facing the app-ification and platformisation of coercion in mental health services?
Piers Gooding
Ch. 37: Mental Health Law: A Global Future?
Jean V. McHale
Ch. 38: The Future of Mental Health Law: Abolition or Reform?
Kay Wilson
Ch. 39: The Future of Mental Health Law - The Need for Deeper Examination and Broader Scope
Tania L. Gergel
Biography
Brendan D. Kelly is Professor of Psychiatry at Trinity College Dublin, Ireland.
Mary Donnelly is Professor of Law at University College Cork, Ireland.
