Fusion of mental health and incapacity legislation

British Journal of Psychiatry - Tập 188 Số 6 - Trang 504-509 - 2006
John Dawson1, George Szmukler
1Faculty of Law, University of Otago, PO Box 56, Dunedin, New Zealand. [email protected]

Tóm tắt

SummaryThe enactment of a single legislative scheme governing nonconsensual treatment of both ‘physical’ and ‘mental’ illnesses, based on incapacity principles, has been mooted in recent law reform debates in the UK. We propose a framework for such legislation and consider in more detail the provisions it should contain. The design of legislation that combines the strengths of both incapacity and civil commitment schemes can be readily imagined, based on the criteria for intervention in England and Wales found in the Mental Capacity Act 2005. Such legislation would reduce unjustified legal discrimination against mentally disordered persons and apply consistent ethical principles across medical law.

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Tài liệu tham khảo

1998, WLR, 3, 107

10.1016/S0140-6736(04)17224-3

2003, SCR, 1, 722

Richardson, 1999, Review of the Mental Health Act 1983: Report of the Expert Committee

1994, WLR, 1, 290

Peay, 2003, Decisions and Dilemmas: Working with Mental Health Law

Millan, 2001, New Directions. Report on the Review of the Mental Health (Scotland) Act 1984

1975, Report of the Committee on Mentally Abnormal Offenders

Grisso, 1998, Assessing Competence to Consent to Treatment, 10.1093/oso/9780195103724.001.0001

Perkins, 2003, Decision-Making in Mental Health Review Tribunals

Roth, 1982, The dilemma of denial in the assessment of competency to refuse treatment., American Journal of Psychiatry, 139, 910, 10.1176/ajp.139.7.910

10.1192/bjp.187.4.372

HL v. The United Kingdom [2004] Application no. 45508/99 ECHR.

2004, Assessment of Mental Capacity

2005, Report of the Joint Committee on the Draft Mental Health Bill

2004, Draft Mental Health Bill

10.1093/medlaw/4.1.62

1966, International Covenant on Civil and Political Rights

Peay, 1989, Tribunals on Trial: A Study of Decision-Making under the Mental Health Act 1983

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Thông tin xuất bản

British Journal of Psychiatry

Tập 188 Số 6

504-509

Thông tin tác giả