Advertisement

Topics

The Abolition or Reform of Mental Health Law: How Should the Law Recognise and Respond to the Vulnerability of Persons with Mental Impairment?

08:00 EDT 11th April 2019 | BioPortfolio

Summary of "The Abolition or Reform of Mental Health Law: How Should the Law Recognise and Respond to the Vulnerability of Persons with Mental Impairment?"

Vulnerability theory challenges the assumption that human beings are abstract and invulnerable liberal subjects and insists that any decent and just society must create law that takes into account and tries to ameliorate human vulnerability. In this article, I explore how vulnerability might apply in the context of the debate about the future of mental health law that has arisen since the entry into force of the Convention on the Rights of Persons with Disabilities (CRPD) in 2008; namely, whether mental health law should be abolished or reformed. In doing so, this article addresses three key issues: (i) how to conceptualise vulnerability; (ii) whether persons with mental impairments really are vulnerable and in what ways; and (iii) how the law should respond to the vulnerability of persons with mental impairments post-CRPD. It describes and compares three different approaches with respect to how well they address vulnerability: the Abolition with Support, Mental Capacity with Support, and the Support Except Where There is Harm Models. It argues that the law should try to accurately capture and ameliorate the vulnerability of those who are subject to it as much as possible. It also argues that from a vulnerability perspective, the reform of mental health law may be better than its abolition and that decreasing the vulnerability of persons with mental impairment requires systemic reform, resources, and cultural change.

Affiliation

Journal Details

This article was published in the following journal.

Name: Medical law review
ISSN: 1464-3790
Pages:

Links

DeepDyve research library

PubMed Articles [15745 Associated PubMed Articles listed on BioPortfolio]

Associations between ability to recognise a mental health disorder and lived experience of mental illness in an Australian sample.

Community awareness of mental illness is crucial for helping people access mental health support. The association between ability to recognise mental health disorders and lived experience is not well ...

Spillover Effects of Massachusetts Health Reform on Mental Health Use by VA and Medicare Dual Enrollees.

Older veterans can obtain care from the Veterans Affairs Health System (VA), Medicare or both. We examined whether their use of mental health care was impacted by capacity effects stemming from younge...

Mental health laws and the psychiatric reform in Latin America: Multiple paths to its implementation.

This paper describes and analyzes the psychiatric reform process in three Latin American countries (Brazil, Chile and Colombia) based on the Caracas Declaration of 1990. It compares the psychiatric re...

Defining and assessing vulnerability within law enforcement and public health organisations: a scoping review.

Historically, police departments focused solely on criminal justice issues. Recently, there has been a dynamic shift in focus, with Law Enforcement professional groups assuming more responsibility for...

Mental health first aid training: Removing the stigma and empowering recovery.

The Mental Health First Aid course, from the National Council for Behavioral Health in partnership with the Missouri Department of Mental Health, is an 8-hour course that teaches participants how to i...

Clinical Trials [6359 Associated Clinical Trials listed on BioPortfolio]

Behavioral Health Services for Women Receiving Public Assistance

The purpose of this study is to determine whether access to behavioral health services has been affected by welfare reform.

Adolescent Mental Health InSciEd Out

The study herein seeks to determine whether students undergoing InSciEd Out curriculum in mental health and addiction (called My Mind, My Body) experience changes in their mental health-re...

Specialty Mental Health Probation in North Carolina

Specialty mental health probation for offenders with severe mental illness has been widely disseminated; however, randomized studies are needed to determine its effectiveness. The purpose ...

"EspaiJove.Net"- a School-based Intervention Program to Promote Mental Health in Adolescent Population

Objective: To evaluate the efficacy of 3 sensitivity and mental health literacy programs for young students in the increase of mental health knowledge, to help seeking and reducing the sti...

The Elite Athlete Mental Health Strategy Trial

The purpose of this study is to determine whether positive mental health help-seeking attitudes, and behaviour in elite athletes can be increased through an online intervention.

Medical and Biotech [MESH] Definitions

Voluntary organizations which support educational programs and research in psychiatry with the objective of the promotion of mental health. An early association in the United States was founded as the National Committee for Mental Hygiene in 1909, became the Mental Health Association in 1976 and later the National Mental Health Association in 1980. State and local mental health associations in this country are chartered by the national organization and affiliated with it.

Recovery from mental disorders and/or substance abuse. The process of change in which individuals improve their MENTAL HEALTH and wellness, live a self-directed life, and work to achieve their full potential.

An agency of the PUBLIC HEALTH SERVICE concerned with the overall planning, promoting, and administering of programs pertaining to substance abuse and mental health. It is commonly referred to by the acronym SAMHSA. On 1 October 1992, the United States Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) became SAMHSA.

A component of the NATIONAL INSTITUTES OF HEALTH concerned with research, overall planning, promoting, and administering mental health programs and research. It was established in 1949.

Innovation and improvement of the health care system by reappraisal, amendment of services, and removal of faults and abuses in providing and distributing health services to patients. It includes a re-alignment of health services and health insurance to maximum demographic elements (the unemployed, indigent, uninsured, elderly, inner cities, rural areas) with reference to coverage, hospitalization, pricing and cost containment, insurers' and employers' costs, pre-existing medical conditions, prescribed drugs, equipment, and services.

Advertisement
Quick Search
Advertisement
Advertisement

 


DeepDyve research library

Relevant Topics

Psychiatry
Psychiatry is the study of mental disorders and their diagnosis, management and prevention.  Conditions include schizophrenia, severe depression and panic disorders among others. There are pharmaceutical treatments as well as other therapies to help...

Mental Health
Adhd Anorexia Depression Dyslexia Mental Health Psychiatry Schizophrenia Stress Mental health, although not being as obvious as physical health, is very important, causing great unhappiness to those affected, causing add...


Searches Linking to this Article