《Rethinking Rights-Based Mental Health Laws》求取 ⇩

PART 1 INTRODUCTION1

1 Rethinking Rights-Based Mental Health Laws Bernadette McSherry and Penelope Weller3

PART 2 HISTORICAL FOUNDATIONS11

2 Institutionalising the Community: The Codification of Clinical Authority and the Limits of Rights-Based ApproachesPhilip Fennell13

3 Lost in Translation: Human Rights and Mental Health LawPenelope Weller51

4 The Fusion Proposal: A Next Step?Neil Rees73

PART 3 THE INTERNATIONAL HUMAN RIGHTS FRAMEWORK AND THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES95

5 The Expressive, Educational and Proactive Roles of Human Rights: An Analysis of the United Nations Convention on the Rights of Persons with DisabilitiesOliver Lewis97

6 Involuntary Treatment Decisions: Using Negotiated Silence to Facilitate Change?Annegret Kampf129

7 Abolishing Mental Health Laws to Comply with the Convention on the Rights of Persons with DisabilitiesTina Minkowitz151

PART 4 GAPS BETWEEN LAW AND PRACTICE179

8 Rights-Based Legalism: Some Thoughts from the ResearchGenevra Richardson181

9 Extra-Legislative Factors in Involuntary Status Decision-MakingIan Freckelton203

10 Civil Admission Following a Finding of Unfitness to PleadJill Peay231

PART 5 REVIEW PROCESSES AND THE ROLE OF TRIBUNALS255

11 Involuntary Mental Health Treatment Laws: The ‘Rights’ and the Wrongs of Competing Models?Terry Carney257

12 Reviews of Treatment Decisions: Legalism, Process and the Protection of RightsMary Donnelly275

13 Mental Health Law and Its Discontents: A Reappraisal of the Canadian ExperienceJoaquin Zuckerberg299

14 Compulsory Outpatient Treatment and the Calculus of Human RightsJohn Dawson327

PART 6 ACCESS TO MENTAL HEALTH SERVICES355

15 Rights-Based Legalism and the Limits of Mental Health Law: The United States of America’s ExperienceJohn Petrila357

16 The Right of Access to Mental Health Care: Voluntary Treatment and the Role of the LawBernadette McSherry379

17 Thinking About the Rest of the World: Mental Health and Rights Outside the ‘First World’Peter Bartlett397

Index419