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Coercive Care: Rights, Law and Policy

Edited by: Bernadette McSherry, Ian Freckelton

ISBN13: 9780415628198
Published: June 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00
Paperback edition , ISBN13 9781138935006



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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 coercion to a variety of persons with vulnerabilities by reason of different disabilities, all of which have in common that the capacity to provide consent to treatment and care is impaired by reason of their condition.

Subjects:
Mental Health Law
Contents:
Part 1: Introduction
1. Coercive Care: Law and Policy, Bernadette McSherry and Ian Freckelton

Part 2: Human Rights and Coercive Care
2. Disability, Legal Capacity, and Communitarian Theory, Michael Ashley Stein and Janet E. Lord
3. Towards a Theory of Coercive Care, Penelope Weller
4. Coercion Versus Choice: Challenging the Dichotomy in Mental Health, Annegret Kampf
5. Is it possible to protect the right to make choices for people with disabilities detained in institutions? Legal obligations and practical steps needed to implement the CRPD, Eric Rosenthal

Part 3: Legal Capacity and Coercive Care
6. Negotiating Capacity: Legally Constructed Entitlement and Protection, Marcia H Rioux and Joan Gilmour
7. The Filling of the Bournewood Gap in England and Wales: Coercive Care and the Statutory Mechanisms in England and Wales, Kris Gledhill
8. A Unified Legislative Scheme for People who Lack Mental Capacity, Rowena Daw
9. Planning for the Future - Advance Decisions and Their Like, Jacqueline M Atkinson

Part 4: Legal Coordination of Coercive Care
10. Safe, Well and Supported? Using the Law on Safeguarding for Adults with Complex Support Needs, Kirsty Keywood
11. Legal Coercion or Legal Coordination? The Role of the Law in Service Provision for Individuals with Multiple and Complex Needs, Bernadette McSherry
12. The development of laws to help improve services for individuals with multiple complex needs, Elizabeth Perkins
13. Community Treatment Orders in England and Wales: Are Legally Mandated Detention and Treatment Programmes the Way Forward in Reducing Perceived Risk of Harm?, Nicola Glover-Thomas
14. "There Are No Trials Inside the Gates of Eden": Mental Health Courts, the Convention on the Rights of Persons, Dignity, and the Promise of Therapeutic Jurisprudence, Michael L. Perlin

Part 5: Coercive Care for those with Cognitive Impairments
15. Brain Injuries and Coercive Care, Ian Freckelton
16. Managing the Challenges and Protecting the Rights of Intellectually Disabled Offenders: New Zealand's Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, Warren J Brookbanks
17. Coercive Care under New Zealand's Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, Kate Diesfeld

Part 6: Conclusion
18. Coercive Care: Challenges for the Future, Bernadette McSherry and Ian Freckelton

Series: Biomedical Law & Ethics Library

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Revisiting Landmark Cases in Medical Law ISBN 9781138808331
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Health Research Governance in Africa ISBN 9781138036772
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The Umbilical Cord Blood Controversies in Medical Law ISBN 9781138840881
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Routledge
£125.00
The Umbilical Cord Blood Controversies in Medical Law (eBook) ISBN 9781317555445
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Routledge
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Revisiting the Regulation of Human Fertilisation and Embryology
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ISBN 9781138713055
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£44.99
The Voices and Rooms of European Bioethics ISBN 9781138701984
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Routledge
£44.99
Revisiting the Regulation of Human Fertilisation and Embryology (eBook)
Edited by: Kirsty Horsey
ISBN 9781317664802
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£48.99
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Revisiting the Regulation of Human Fertilisation and Embryology
Edited by: Kirsty Horsey
ISBN 9781138021891
Published June 2015
Routledge
£125.00
£29.69
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The Voices and Rooms of European Bioethics ISBN 9780415737197
Published May 2015
Routledge
£130.00
Bioethics: Methods, Theories, Domains ISBN 9781138789937
Published April 2014
Routledge
£46.99
Medical Ethics in China: A Transcultural Interpretation ISBN 9780415724562
Published September 2013
Routledge
£39.99
Coercive Care: Rights, Law and Policy (eBook) ISBN 9781135016579
Published June 2013
Routledge
£46.99
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The Connected Self: The Ethics and Governance of the Genetic Individual ISBN 9781107008601
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Cambridge University Press
£83.99
£38.99
Medical Ethics in China: A Transcultural Interpretation ISBN 9780415689496
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£130.00
Medical Ethics in China: A Transcultural Interpretation (eBook) ISBN 9781136491245
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Routledge
£42.99
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Bioethics: Methods, Theories, Domains (eBook) ISBN 9781136190070
Published October 2011
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£51.99
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Bioethics: Methods, Theories, Domains ISBN 9780415609913
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Routledge
£125.00
Healthcare Research Ethics and Law: Regulation, Review and Responsibility ISBN 9780415429177
Published October 2009
Routledge-Cavendish
£44.99
The Body in Bioethics ISBN 9781844720569
Published April 2009
Routledge-Cavendish
£44.99
Values in Medicine: What are we Really Doing to Patients? ISBN 9780415424684
Published December 2007
Routledge-Cavendish
£130.00
Values in Medicine: What are we Really Doing to Patients? ISBN 9780415424691
Published December 2007
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£44.99
Medicine, Malpractice and Misapprehensions ISBN 9780415428095
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£44.99
Assisted Dying: Reflections on the Need for Law Reform ISBN 9781844720545
Published November 2007
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£44.99
Euthanasia, Ethics and the Law: From Conflict to Compromise ISBN 9781844721061
Published November 2007
Routledge-Cavendish
£44.99
The Best Interests of the Child in Healthcare ISBN 9781844720422
Published October 2007
UCL Press
£38.99
Bioethics and the Humanities: Attitudes and Perceptions ISBN 9781844720521
Published March 2007
Routledge-Cavendish
£44.99
Impairment and Disability: Law and Ethics at the Beginning and End of Life ISBN 9781844720408
Published February 2007
Routledge-Cavendish
£44.99
The Harm Paradox: Tort Law and the Unwanted Child in an Era of Choice ISBN 9781844721085
Published January 2007
Routledge-Cavendish
£44.99
Publication Abandoned
Publication Abandoned