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Look Inside Mental Health, Legal Capacity, and Human Rights

Mental Health, Legal Capacity, and Human Rights

£26.99

Editors:
Michael Ashley Stein, Harvard Law School
Faraaz Mahomed, Wits University
Vikram Patel, Harvard Medical School
Charlene Sunkel, Global Mental Health Peer Network

Faraaz Mahomed, Michael Ashley Stein, Vikram Patel, Charlene Sunkel, Alicia Ely Yamin, Benjamin A. Barsky, Julie Hannah, Dainius Pūras, Tina Minkowitz, Gerald L. Neuman, Laura Davidson, John Dawson, George Szmukler, Mrinalini Ravi, Barbara Regeer, Archana Padmakar, Vandana Gopikumar, Joske Bunders, Alberto Vásquez Encalada, Faisal Bhabha, Soumitra Pathare, Arjun Kapoor, Adrian D. Ward, Heléne Combrinck, Enoch Chilemba, Elizabeth Kamundia, Ilze Grobbelaar-du Plessis, Bhargavi V. Davar, Kavita Pillai, Kimberly LaCroix, Ulrika Järkestig Berggren, Michelle Funk, Natalie Drew Bold, Joana Ansong, Daniel Chisholm, Melita Murko, Joyce Nato, Sally-ann Ohene, Jasmine Vergara, Edwina Zoghbi, Joel D. Corcoran, Cindy Hamersma, Steven Manning, Piers Gooding, Christopher Schnieders, Elyn R. Saks, Jonathan Martinis, Peter Blanck, Stephanie L. Smith, Andrew Turtle, Sylvio A Gravel, Iregi Mwenja, Marie Angele Abanga, Lydia X. Z. Brown, Shain M. Neumeier, Dorrit Cato Christensen, Aikaterini Nomidou, Kanna Sugiura, Sally Souraya, Sisay Abyaneh, Charlotte Hanlon, Laura Asher.

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Date Published: April 2024
availability: Available
format: Paperback
isbn: 9781108972451

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About the Authors

Since adoption of the Convention on the Rights of Persons with Disabilities and the interpretive General Comment 1, the topic of legal capacity in mental health settings has generated considerable debate in disciplines ranging from law and psychiatry to public health and public policy. With over 180 countries having ratified the Convention, the shifts required in law and clinical practice need to be informed by interdisciplinary and contextually relevant research as well as the views of stakeholders. With an equal emphasis on the Global North and Global South, this volume offers a comprehensive, interdisciplinary analysis of legal capacity in the realm of mental health. Integrating rigorous academic research with perspectives from people with psychosocial disabilities and their caregivers, the authors provide a holistic overview of pertinent issues and suggest avenues for reform.
- Features contributors from twenty-one countries, providing an international perspective
- Includes lived-experience accounts about legal capacity, supported decision-making, and involuntary mental health treatment
- Offers insights into law reform, clinical protocols and practices, and areas for advocacy.
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Reviews & endorsements
'I welcome the initiative of the group of scholars, mental health practitioners, human rights experts and persons with disabilities that has led to the publication of Mental Health, Legal Capacity, and Human Rights. Only by working together, can we succeed. Building knowledge is the path to drawing the roadmap towards more just and inclusive societies.' António Guterres, United Nations Secretary-General (from the Foreword to the volume)
'… the most useful book that has been published in recent times … offers a 'comprehensive, interdisciplinary analysis of legal capacity in the realm of mental health.' … readers from all backgrounds with an interest in these critically important issues will find themselves informed, stimulated and challenged in equal ways. Especially in the circumstances of the pandemic … the editors are to be congratulated on bringing together, and home, such an important work.' Alex Ruck Keene, Mental Capacity Law and Policy
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Product details
- Date Published: April 2024
- format: Paperback
- isbn: 9781108972451
- length: 450 pages
- dimensions: 228 x 151 x 23 mm
- weight: 0.65kg
- availability: Available
Table of Contents
Introduction: A 'paradigm shift' in mental health care Faraaz Mahomed, Michael Ashley Stein, Vikram Patel and Charlene Sunkel
1. The alchemy of agency: reflections on supported decision-making, the right to health and health systems as democratic institutions Alicia Ely Yamin
2. Redefining international mental health care in the wake of the COVID-19 pandemic Benjamin A. Barsky, Julie Hannah and Dainius Pūras
3. Reparation for psychiatric violence: a call to justice Tina Minkowitz
4. Divergent human rights approaches to capacity and consent Gerald L. Neuman
5. From fairy tale to reality: a practical legal approach towards the global abolition of psychiatric coercion Laura Davidson
6. The “fusion law” proposals and the CRPD John Dawson and George Szmukler
7. Contextualising legal capacity and supported decision making in the Global South – Experiences of homeless women with mental health issues from Chennai, India Mrinalini Ravi, Barbara Regeer, Archana Padmakar, Vandana Gopikumar and Joske Bunders
8. The potential of the legal capacity law reform in Peru to transform mental health provision Alberto Vásquez Encalada
9. Advancing disability equality through supported decision making: the CRPD and the Canadian constitution Faisal Bhabha
10. Decisional autonomy and India's Mental Healthcare Act, 2017: a comment on emerging jurisprudence Soumitra Pathare and Arjun Kapoor
11. Towards resolving damaging uncertainties: progress in the United Kingdom and elsewhere Adrian D. Ward
12. “The revolution will not be televised”: recent developments in mental health law reform in Zambia and Ghana Heléne Combrinck and Enoch Chilemba
13. Supported decision-making and legal capacity in Kenya Elizabeth Kamundia and Ilze Grobbelaar-du Plessis
14. Seher's “circle of care” model in advancing supported decision making in India Bhargavi V. Davar, Kavita Pillai and Kimberly LaCroix
15. The Swedish personal ombudsman: support in decision-making and accessing human rights Ulrika Järkestig Berggren
16. Strategies to achieve a rights based approach through WHO Quality Rights Michelle Funk, Natalie Drew Bold, Joana Ansong, Daniel Chisholm, Melita Murko, Joyce Nato, Sally-ann Ohene, Jasmine Vergara and Edwina Zoghbi
17. The Clubhouse Model: A framework for naturally occurring supported decision making Joel D. Corcoran, Cindy Hamersma and Steven Manning
18. Mind the gap: researching “alternatives to coercion” in mental health care Piers Gooding
19. Psychiatric advance directives and supported decision-making: preliminary developments and pilot studies in California Christopher Schnieders, Elyn R. Saks, Jonathan Martinis and Peter Blanck
20. Community-based mental health care delivery with partners in health: a framework for putting the CRPD into practice Stephanie L. Smith
21. Lived experience perspectives from Australia, Canada, Kenya, Cameroon and South Africa – conceptualizing the realities Charlene Sunkel, Andrew Turtle, Sylvio A Gravel, Iregi Mwenja and Marie Angele Abanga
22. In the pursuit of justice: advocacy by and for hyper-marginalized people with psychosocial disabilities through the law and beyond Lydia X. Z. Brown and Shain M. Neumeier
23. The Danish experience of transforming decision-making models Dorrit Cato Christensen
24. The use of patient advocates in supporting people with psychosocial disabilities Aikaterini Nomidou
25. Users' involvement in decision-making: lessons from primary research in India and Japan Kanna Sugiura
26. Involvement of people with lived experience of mental health conditions in decision-making to improve care in rural Ethiopia Sally Souraya, Sisay Abyaneh, Charlotte Hanlon and Laura Asher.
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Editors
Michael Ashley Stein, Harvard Law School
Michael Ashley Stein is the Executive Director of the Harvard Law School Project on Disability, and a visiting professor at Harvard Law School. Considered one of the world's leading experts on disability law and policy, Stein participated in the drafting of the UN Convention on the Rights of Persons with Disabilities; works with disabled peoples' organizations and non-governmental organizations around the world; actively consults with governments on their disability laws and policies; advises an array of UN bodies and national human rights institutions; and has brought landmark disability rights litigation globally.
Faraaz Mahomed, Wits University
Faraaz Mahomed is a research associate at the Harvard Law School Project on Disability, and a visiting research fellow at the Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg, South Africa. Mahomed self-identifies as a person with a psychosocial disability and has worked in mental health practice, in community-based as well as institutionalized settings, as a clinical psychologist. He now works in the human rights field, supporting rights-based approaches to mental health in Africa at the Open Society Foundations. He received a Fulbright scholarship in 2008.
Vikram Patel, Harvard Medical School
Vikram Patel is The Pershing Square Professor of Global Health in the Department of Global Health and Social Medicine at Harvard Medical School. Vikram's work has focused on the burden of mental health problems, their association with social disadvantage, and the use of community resources for their prevention and treatment. He has been awarded the Chalmers Medal, the Sarnat Prize, the Pardes Humanitarian Prize, an honorary OBE, and the John Dirk Canada Gairdner Award in Global Health for his leading work in the field.
Charlene Sunkel, Global Mental Health Peer Network
Charlene Sunkel is the Founder and CEO of the Global Mental Health Peer Network. She is a global mental health lived-experience advocate, and she has authored or co-authored a number of papers related to mental health and human rights. Sunkel also serves on or advises several international boards and committees.
Contributors
Faraaz Mahomed, Michael Ashley Stein, Vikram Patel, Charlene Sunkel, Alicia Ely Yamin, Benjamin A. Barsky, Julie Hannah, Dainius Pūras, Tina Minkowitz, Gerald L. Neuman, Laura Davidson, John Dawson, George Szmukler, Mrinalini Ravi, Barbara Regeer, Archana Padmakar, Vandana Gopikumar, Joske Bunders, Alberto Vásquez Encalada, Faisal Bhabha, Soumitra Pathare, Arjun Kapoor, Adrian D. Ward, Heléne Combrinck, Enoch Chilemba, Elizabeth Kamundia, Ilze Grobbelaar-du Plessis, Bhargavi V. Davar, Kavita Pillai, Kimberly LaCroix, Ulrika Järkestig Berggren, Michelle Funk, Natalie Drew Bold, Joana Ansong, Daniel Chisholm, Melita Murko, Joyce Nato, Sally-ann Ohene, Jasmine Vergara, Edwina Zoghbi, Joel D. Corcoran, Cindy Hamersma, Steven Manning, Piers Gooding, Christopher Schnieders, Elyn R. Saks, Jonathan Martinis, Peter Blanck, Stephanie L. Smith, Andrew Turtle, Sylvio A Gravel, Iregi Mwenja, Marie Angele Abanga, Lydia X. Z. Brown, Shain M. Neumeier, Dorrit Cato Christensen, Aikaterini Nomidou, Kanna Sugiura, Sally Souraya, Sisay Abyaneh, Charlotte Hanlon, Laura Asher.