This book explores the human rights consequences of recent and ongoing revisions of mental health legislation in England and Ireland. The author uses the checklist of the WHO Resource Book on Mental Health, Human Rights and Legislation as a framework for analysis, and considers recent case-law from the ECHR, as well as the implications of the UN Convention on the Rights of Persons with Disabilities. The author focuses on dignity, human rights and mental health law to evaluate to what extent the human rights of the mentally ill have been protected and promoted.
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"This carefully crafted work elevates the discussion of 'rights', 'capabilities', 'empowerment' and 'dignity' to a new level. Drawing on law, philosophy and clinical practice, while recognising the tensions that exist between these various constructs, Brendan Kelly has done the profession an immense service in penning this volume. We can be confident that this book will have a significant impact upon those in society whom we psychiatrists have the privilege of assisting on their journey through mental illness." Patricia Casey, University College Dublin, Ireland
"Brendan Kelly's book skilfully analyses the interplay between human rights principles and mental health legislation. Written in an accessible manner and full of sharp analysis, it is a significant addition to the literature." - José Miola, University of Leicester, UK
"Professor Kelly's book is essential for all practitioners in mental health. By scholarly comparisons across jurisdictions and decades he explains controversies in human rights, mental health and capacity law, and in policy development. This is an excellent starting point for seminar teaching and a resource for private study." - Harry Kennedy, Trinity College Dublin, Ireland
"Respect for human rights and individual dignity is emphasised in international developments in relation to mental health law and mental health policy over the last few decades. This new book is important in that it provides the first detailed comparative analysis of how these themes impact on the law and policy in two jurisdictions, UK and Ireland, which have been both subject to extensive mental health legislation reform over the last 15 years. The book explores the international legal frameworks and how human rights has impacted upon new legislative structures at domestic level. The book provides critical and incisive analysis as to the role played by human rights and mental health law in the jurisdictions examined. It explores the interface between civil and political and economic and social rights. It highlights the limits of mental health law itself as a means for safeguarding the rights and interests of those with mental disorder and the gaps in the system and the need for further research. It will be a book of real interest to scholars of human rights law, mental health law and policy and health law in general." - Jean V. McHale, University of Birmingham, UK
"Brendan Kelly's book skilfully analyses the interplay between human rights principles and mental health legislation. Written in an accessible manner and full of sharp analysis, it is a significant addition to the literature." - José Miola, University of Leicester, UK
"Professor Kelly's book is essential for all practitioners in mental health. By scholarly comparisons across jurisdictions and decades he explains controversies in human rights, mental health and capacity law, and in policy development. This is an excellent starting point for seminar teaching and a resource for private study." - Harry Kennedy, Trinity College Dublin, Ireland
"Respect for human rights and individual dignity is emphasised in international developments in relation to mental health law and mental health policy over the last few decades. This new book is important in that it provides the first detailed comparative analysis of how these themes impact on the law and policy in two jurisdictions, UK and Ireland, which have been both subject to extensive mental health legislation reform over the last 15 years. The book explores the international legal frameworks and how human rights has impacted upon new legislative structures at domestic level. The book provides critical and incisive analysis as to the role played by human rights and mental health law in the jurisdictions examined. It explores the interface between civil and political and economic and social rights. It highlights the limits of mental health law itself as a means for safeguarding the rights and interests of those with mental disorder and the gaps in the system and the need for further research. It will be a book of real interest to scholars of human rights law, mental health law and policy and health law in general." - Jean V. McHale, University of Birmingham, UK