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Author: Claire Spivakovsky
Publisher: Routledge
ISBN: 135165733X
Category : Law
Languages : en
Pages : 254
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Book Description
Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service ‘consumers’ and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society’s most vulnerable citizens in the names of ‘justice’ and ‘treatment’. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field.
Author: Claire Spivakovsky
Publisher: Routledge
ISBN: 135165733X
Category : Law
Languages : en
Pages : 254
Get Book
Book Description
Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service ‘consumers’ and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society’s most vulnerable citizens in the names of ‘justice’ and ‘treatment’. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field.
Author: Philip Cunliffe
Publisher: Routledge
ISBN: 1136848452
Category : History
Languages : en
Pages : 178
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Book Description
This edited volume critically examines the widely supported doctrine of the 'Responsibility to Protect', and investigates the claim that it embodies progressive values in international politics. Since the United Nations World Summit of 2005, a remarkable consensus has emerged in support of the doctrine of the ‘responsibility to protect’ (R2P) – the idea that states and the international community bear a joint duty to protect peoples around the world from mass atrocities. While there has been plenty of discussion over how this doctrine can best be implemented, there has been no systematic criticism of the principles underlying R2P. This volume is the first critically to interrogate both the theoretical principles and the policy consequences of this doctrine. The authors in this collection argue that the doctrine of R2P does not in fact embody progressive values, and they explore the possibility that the R2P may undermine political accountability within states and international peace between them. This volume not only advances a novel set of arguments, but will also spur debate by offering views that are seldom heard in discussions of R2P. The aim of the volume is to bring a range of criticisms to bear from a variety of disciplinary perspectives, including international law, political science, IR theory and security studies. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, human security, critical security studies and IR in general.
Author: Bernadette McSherry
Publisher: Routledge
ISBN: 1000290255
Category : Law
Languages : en
Pages : 239
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Book Description
This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as physical, mechanical and chemical restraint. They also explore the importance of factors such as organisational culture and staff training to the effective implementation of regulatory regimes. In doing so, the collection provides a solid evidence base for both the development and implementation of effective approaches to restrictive practices that focus on their reduction and, ultimately, their elimination across health care sectors. Divided into five parts, the volume covers new ground in multiple respects. First, it addresses the use of restrictive practices across mental health, disability and aged care settings, creating opportunities for new insights and interdisciplinary conversations across traditionally siloed sectors. Second, it includes contributions from research academics, clinicians, regulators and mental health consumers, offering a rich and comprehensive picture of existing regulatory regimes and options for designing and implementing regulatory approaches that address the failings of current systems. Finally, it incorporates comparative perspectives from Australia, New Zealand, the Netherlands, Germany and England. The book is an invaluable resource for regulators, policymakers, lawyers, clinicians, consumer advocates and academics grappling with the use and regulation of restrictive practices in mental health, disability and aged care contexts.
Author: Claire Spivakovsky
Publisher: Bloomsbury Publishing
ISBN: 1509930752
Category : Law
Languages : en
Pages : 272
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Book Description
This is the first collection to examine the legal dynamics of deinstitutionalisation. It considers the extent to which some contemporary laws, policies and practices affecting people with disabilities are moving towards the promised end point of enhanced social and political participation in the community, while others may instead reinstate, continue or legitimate historical practices associated with this population's institutionalisation. Bringing together 20 contributors from the UK, Canada, Australia, Spain and Indonesia, the book speaks to overarching themes of segregation and inequality, interlocking forms of oppression and rights-based advancements in law, policy and practice. Ultimately this collection brings forth the possibilities, limits and contradictions in the roles of law and policy in processes of institutionalisation and deinstitutionalisation, and directs us towards a more nuanced and sustained scholarly and political engagement with these issues.
Author: Richard Ward
Publisher: Taylor & Francis
ISBN: 1000864901
Category : Social Science
Languages : en
Pages : 334
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Book Description
This book puts the critical into dementia studies. It makes a timely and novel contribution to the field, offering a thought-provoking critique of current thinking and debate on dementia. Collectively the contributions gathered together in this text make a powerful case for a more politically engaged and critical treatment of dementia and the systems and structures that currently govern and frame it. The book is inter-disciplinary and draws together leading dementia scholars alongside dementia activists from around the world. It frames dementia as first and foremost a political category. The book advances both theoretical and methodological thinking in the field as well as sharing learning from empirical research. Outlining the limits to existing efforts to frame and theorise the condition, it proposes a new critical movement for the field of dementia studies and practice. The book will be of direct interest to researchers and scholars in the field of dementia studies and wider fields of health, disability and care. It will provide a novel resource for students and practitioners in the fields of dementia, health care and social care. The book also has implications for dementia policymaking, commissioning and community development. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Linda Steele
Publisher: Routledge
ISBN: 1351240315
Category : Law
Languages : en
Pages : 366
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Book Description
Through theoretical and empirical examination of legal frameworks for court diversion, this book interrogates law’s complicity in the debilitation of disabled people. In a post-deinstitutionalisation era, diverting disabled people from criminal justice systems and into mental health and disability services is considered therapeutic, humane and socially just. Yet, by drawing on Foucauldian theory of biopolitics, critical legal and political theory and critical disability theory, Steele argues that court diversion continues disability oppression. It can facilitate criminalisation, control and punishment of disabled people who are not sentenced and might not even be convicted of any criminal offences. On a broader level, court diversion contributes to the longstanding phenomenon of disability-specific coercive intervention, legitimates prison incarceration and shores up the boundaries of foundational legal concepts at the core of jurisdiction, legal personhood and sovereignty. Steele shows that the United Nations Convention on the Rights of Persons with Disabilities cannot respond to the complexities of court diversion, suggesting the CRPD is of limited use in contesting carceral control and legal and settler colonial violence. The book not only offers new ways to understand relationships between disability, criminal justice and law; it also proposes theoretical and practical strategies that contribute to the development of a wider re-imagining of a more progressive and just socio-legal order. The book will be of interest to scholars and students of disability law, criminal law, medical law, socio-legal studies, disability studies, social work and criminology. It will also be of interest to disability, prisoner and social justice activists.
Author: Anna Arstein-Kerslake (Ed.)
Publisher: MDPI
ISBN: 3038972509
Category : Electronic books
Languages : en
Pages : 241
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Book Description
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws
Author: Barbara C. Wallace
Publisher: Rowman & Littlefield
ISBN: 1442268603
Category : Psychology
Languages : en
Pages : 392
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Book Description
The second edition of Making Mandated Addiction Treatment Work integrates cutting edge research with evidence-based addiction treatments to create a unified and effective treatment model for mental health professionals and those in training. Because the largest and fastest growing segment of the community-based addiction treatment population includes those who are mandated, Barbara C. Wallace provides insightful best practices for tailoring addiction treatment to diverse and challenging clients, including those who may have a history of trauma or mental disorders, different levels of motivation, and a high risk of relapse. Applicable in a variety of treatment settings in both urban and rural communities, this text weaves together new research and vivid case studies into a concise and practical resource. This book is ideal for practitioners and students of public health, criminal justice, and social welfare services.
Author: Kim Foster
Publisher: Elsevier Health Sciences
ISBN: 0729587975
Category : Medical
Languages : en
Pages : 506
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Book Description
Restructured and presented in 3 parts: Section 1: Positioning Practice describes the context and importance of nursing in mental health and includes a new chapter on self-care Section 2: Knowledge for Practice addresses the specialist practice of mental health nursing. Each chapter examines specific mental health conditions, assessment, nursing management and relevant treatment approaches Section 3: Contexts of practice features scenario-based chapters with a framework to support mental health screening, assessment, referral and support, across a range of clinical settings
Author: George Chak Man Lee
Publisher: Routledge
ISBN: 1000627438
Category : Social Science
Languages : en
Pages : 275
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Book Description
How has rapid economic modernization in China and India impacted upon policing? To what extent are the two police forces trusted by its citizens? Do the police carry out their duties in a fair and unbiased fashion? What does police corruption look like and why does it persist? And what are the influencing factors in decision-making at the moments-of-truth? Filling the lacuna of research into the police in China and India, this book offers a unique comparative study of the prevalence, nature and organization of police corruption in these countries. This book provides key insights into the relationships between rapid economic modernisation, urbanisation and crime, and its effects on police organisational culture and behaviour as well as on ethical decision making. Moreover, this book performs an audit on which country is better placed to tackle corruption and professionalise their police service. It offers a major contribution to comparative research on criminal justice. It is essential reading for all policing scholars and will be of interest to students of criminology, social and political sciences, development studies, Asian studies, and post-colonial studies.
