Rights, Law and Policy
Edited by Bernadette Mcsherry, Ian Freckelton
Routledge – 2014 – 340 pages
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 1: Conceptual Frameworks for Coercive Care 1. Coercive Care: Rights Law and Policy, Bernadette McSherry and Ian Freckelton Part 2: Conceptual Frameworks for Coercive Care 2. Towards a Genealogy of "Coercive Care", Penelope Weller 3. Contingent Participation and Coercive Care: Feminist and Communitarian Theories Of Disability And Legal Capacity, Janet E. Lord and Michael Ashley Stein Part 3: Legal Capacity, "Best Interests" and Coercive Care 4. Negotiating Capacity: Legally Constructed Entitlement and Protection, Marcia Rioux, Joan Gilmour and Natalia Angel 5. Coercive Care: The Role Of The Law In Treatment Decisions, Annegret Kämpf 6.The Case for a Fusion Law: Challenges and Issues, Rowena Daw 7.The Filling of the "Bournewood Gap" in England and Wales: Coercive Care and Statutory Mechanisms, Kris Gledhill 8. Decisions About Best Interests In The Acute Stages Of Stroke, Elizabeth Perkins with Heuwlen Sheldrick 9. Community Treatment Orders: Are These the Way Forward in Reducing Perceived Risk of Harm?, Nicola Glover-Thomas 10.From Coercion To Coordination?: The Role of the Law in Service Provision for Individuals with Co-existing Disorders, Bernadette McSherry Part 4: Coercive Care and the Criminal Justice System 11. "There Are No Trials Inside the Gates of Eden", Michael Perlin 12. Managing the Challenges and Protecting the Rights of Intellectually Disabled Offenders, Warren Brookbanks 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 14. Brain Injury and Coercive Care: Human Rights Issues And Challenges, Ian Freckelton 15. Where to From Here for Coercive Care?, Bernadette McSherry and Ian Freckelton
Bernadette McSherry is the Australian Research Council Federation Fellow and Director, Centre for the Advancement of Law and Mental Health at Monash University, Australia.
Ian Freckelton SC, is a Barrister at Crockett Chambers, Melbourne, Australia. He is also a Professor in the Law Faculty and Department of Psychiatry, University of Melbourne and Adjunct Professor of Law, Monash University, Australia.