ABSTRACT

There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.

part I|12 pages

Coercive care: rights, law and policy

chapter 1|10 pages

Coercive care

Rights, law and policy

part II|35 pages

Conceptual frameworks for coercive care

chapter 3|17 pages

Contingent participation and coercive care

Feminist and communitarian theories of disability and legal capacity

part III|105 pages

Legal capacity, ‘best interests' and coercive care

chapter 4|25 pages

Negotiating capacity

Legally constructed entitlement and protection

chapter 5|17 pages

Coercive care

The role of the law in treatment decisions

chapter 6|21 pages

The case for a fusion law

Challenges and issues

chapter 7|21 pages

The filling of the ‘Bournewood gap'

Coercive care and the statutory mechanisms in England and Wales

part IV|35 pages

Coercive care in the community

part V|90 pages

Coercive care and the criminal justice system

chapter 11|25 pages

‘There are no trials inside the gates of Eden'

Mental health courts, the Convention on the Rights of Persons with Disabilities, dignity and the promise of therapeutic jurisprudence

chapter 13|17 pages

Compulsory care, rehabilitation and risk

The expected and unexpected issues raised by New Zealand's Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

chapter 14|23 pages

Brain injuries and coercive care

Human rights issues and challenges

part VI|6 pages

Conclusion