New Law and Ethics in Mental Health Advance Directives: The Convention on the Rights of Persons with Disabilities and the Right to Choose

Description

The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights. The book covers topics including: refusing treatment new approaches in human rights international perspectives in mental health law the right to demand treatment. The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers. Cover New Law and Ethics in Mental Health Advance Directives: The Convention on the Rights of Persons with Disabilities and the Right to Choose Copyright Contents Table of cases Table of legislation Table of international instruments Foreword Acknowledgements List of abbreviations Chapter 1 The right to choose Approach Choice and human rights Informed consent and capacity Rights-based mental health laws Mental health advance directives The right to health Structure of the book Part 1The Convention on the Rights of Persons with Disabilities Chapter 2 A quiet revolution Disability and human rights law The reintegration of human rights The right to health The social determinants of health The right to health in the CRPD Chapter 3 The social model of disability The social construction of disability The social model of health The social model of disability in the CRPD Participation and choice Capacity and support Chapter 4 Non-discrimination and informed consent Non-discrimination in the CRPD Reasonable accommodation in mental health Participation, equality and informed consent Mental health advance directives Part 2 Mental health advance directives Chapter 5 The genesis of a movement Social psychiatry, anti-psychiatry and radical social movements Rights, refusal and entitlement General health advance directives Psychiatric advance directives Chapter 6 Ontario, Canada and the principle of choice Autonomy, integrity and health law in Ontario Determining capacity Human rights and Ontario law Chapter 7 Mental health advance directives in England and Wales Developments in the common law Mental health advance directives in legislation Advance refusals and mental health care Chapter 8 Advance ‘statements’ in Scotland Comprehensive mental health law reform The Mental Health (Care and Treatment) Act 2003 Advance statements in practice Non-discrimination Chapter 9 Policy development in Australia and New Zealand Policy and legislative reform in New Zealand Policy reform in Australia Legislative reform in Australia Mental health advance directives and risk Part 3 Claiming choice Chapter 10 Access to treatment The right to health and privacy Pretty and the right to end life Tysiac and access to lawful treatments Glass, Trinitas and disputed treatment Vulnerability and choice Chapter 11 Best interests and choice ECrtHR and the right to liberty Incapacity, partial capacity and participation Patrick’s case and best interests in Victoria, Australia Discrimination and the CRPD Chapter 12 Consensus, recovery and potential Recovery and person-centred care The potential of mental health advance directives Capacity principles Part 4 Conclusion Chapter 13 Beyond consensus Soft and hard enforceability Bibliography International instruments Index