Coercive care : rights, law and policy / edited by Bernadette McSherry and Ian Freckelton.

Format:

Book

Contributor:

McSherry, Bernadette, editor.

Freckelton, Ian R., editor.

Series:

Biomedical law and ethics library

Language:

English

Subjects (All):

Mental health laws.

Involuntary treatment--Moral and ethical aspects.

Involuntary treatment.

Capacity and disability.

People with mental disabilities.

Mentally ill--Care.

Mentally ill.

Mentally ill--Commitment and detention.

Physical Description:

xxviii, 336 pages ; 24 cm.

Place of Publication:

Milton Park, Abingdon, Oxon : Routledge, 2013.

Summary:

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 certain 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 adults' care, as well as the law related to those areas. The book is split into four parts covering: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care; and coercive care for individuals with cognitive impairments. The book covers new ground by exploring issues arising from the use of coercion on a variety of persons with vulnerabilities, all of whom have in common that the capacity to provide consent to treatment and care is impaired by reason of their condition. Book jacket.

Contents:

Part I Coercive care: rights, law and policy 1

1 Coercive care: rights, law and policy / Bernadette McSherry McSherry, Bernadette, Ian Freckelton Freckelton, Ian 3

Part II Conceptual frameworks for coercive care 13

2 Towards a genealogy of 'coercive care' / Penelope Weller Weller, Penelope 15

3 Contingent participation and coercive care: feminist and communitarian theories of disability and legal capacity / Janet E. Lord Lord, Janet E., Michael Ashley Stein Stein, Michael Ashley 31

Part III Legal capacity, 'best interests' and coercive care 49

4 Negotiating capacity: legally constructed entitlement and protection / Marcia Rioux Rioux, Marcia, Joan Gilmour Gilmour, Joan, Natalia Angel-Cabo Angel-Cabo, Natalia 51

5 Coercive care: the role of the law in treatment decisions / Annegret Kämpf Kämpf, Annegret 76

6 The case for a fusion law: challenges and issues / Rowena Daw Daw, Rowena 93

7 The filling of the 'Bournewood gap': coercive care and the statutory mechanisms in England and Wales / Kris Gledhill Gledhill, Kris 114

8 Decisions about best interests in the acute stages of stroke / Elizabeth Perkins Perkins, Elizabeth, Heulwen Sheldrick Sheldrick, Heulwen 135

Part IV Coercive care in the community 155

9 Community treatment orders in England and Wales: are these the way forward in reducing perceived risk of harm? / Nicola Glover-Thomas Glover-Thomas, Nicola 157

10 From coercion to coordination? The role of the law in service provision for individuals with coexisting disorders / Bernadette McSherry McSherry, Bernadette 172

Part V Coercive care and the criminal justice system 191

11 '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 / Michael Perlin Perlin, Michael 193

12 Managing the challenges and protecting the rights of intellectually disabled offenders / Warren Brookbanks Brookbanks, Warren 218

13 Compulsory care, rehabilitation and risk: the expected and unexpected issues raised by New Zealand's Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 / Kate Diesfeld Diesfeld, Kate 241

14 Brain injuries and coercive care: human rights issues and challenges / Ian Freckelton Freckelton, Ian 258

Part VI Conclusion 281

15 Where to from here for coercive care? / Bernadette McSherry McSherry, Bernadette, Ian Freckelton Freckelton, Ian 283.

Notes:

Includes bibliographical references and index.

ISBN:

9780415628198

0415628199

9780203758267

0203758269

OCLC:

823388391