ABSTRACT

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.

part 1|66 pages

Background and context

chapter 2|21 pages

Independent mental health monitoring

Evaluating the Care Quality Commission in England's approach to regulation, rights, and risks

part 4|72 pages

Forensic psychiatry and criminal law

part 5|132 pages

Issues, controversies, challenges

chapter 19|15 pages

Compulsory community treatment

Is it the least restrictive alternative?

chapter 23|17 pages

Family in mental health law

Responding to relationality

chapter 24|19 pages

Consenting for prevention

The ethics of ambivalent choice in psychiatric genomics

part 6|158 pages

Developments in specific regions and jurisdictions

chapter 25|18 pages

Change or improvement? 1

Mental health law reform in Africa

chapter 26|16 pages

Mental health law and practice in Ghana

An examination of the implementation of Act 846

chapter 27|18 pages

Regulating mental health care in South Africa

Assessing the right to legal capacity and the right to the highest attainable standard of health in South African law and policy

chapter 30|16 pages

India's Mental Healthcare Act, 2017

A promise for transformation and radical change

chapter 31|15 pages

An alternative to mental health law

The Mental Capacity Act (Northern Ireland) 2016

chapter 32|16 pages

Argentina, Chile, Colombia, and Peru

The relationship of mental health law and legal capacity

part 7|112 pages

Future directions

chapter 35|16 pages

The Mental Health and Justice project 1

Reflections on strong interdisciplinarity

chapter 36|20 pages

‘Digitising the Mental Health Act’

Are we facing the app-ification and platformisation of coercion in mental health services?

chapter 37|20 pages

Mental health law

A global future? 1

chapter 38|19 pages

The future of mental health law

Abolition or reform?

chapter 39|23 pages

The future of mental health law 1

The need for deeper examination and broader scope