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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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Coercive Care: Rights, Law and Policy

Edited by: Bernadette McSherry, Ian Freckelton

ISBN13: 9781138935006
Published: August 2015
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £34.99
Hardback edition , ISBN13 9780415628198

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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.

Mental Health Law
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