Mental Illness, Discrimination and the Law

Felicity Callard is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley.Norman Sartorius is a Croatian psychiatrist and university professor. Sartorius is a former director of the World Health Organization's Division of Mental Health, and a former president of the World Psychiatric Association and of the European Psychiatric Association.Julio Arboleda-Flórez is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley.Peter Bartlett is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley.Hanfried Helmchen is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley.Heather Stuart is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley.José Taborda is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley.Graham Thornicroft, Health Service and Population Research Department, Institute of Psychiatry, King's College London, UK.

• Acknowledgements, ix Glossary, xiii1 Introduction, 11.1 Using the law in the fight for social justice, 11.2 Whom are we addressing?, 51.3 The history of this book, 71.4 How the book has been organised, 121.5 Terms used to describe mental health problems, 141.6 Our authorial voice(s), 16References, 172 Principles and Concepts, 192.1 The tension between advancing the rights of people with mental health problems and attitudes in society, 202.2 Law relating to people with mental health problems: the historical context, 212.3 Discrimination, 242.4 General versus specific law, 362.5 Importance of enforcement, 392.6 Social model of disability, 412.7 Capacity and competence, 442.8 Human rights, 472.9 Stigma, discrimination and ‘structural violence’, 522.10 Social justice, 542.11 What comes next?, 57References, 573 Civil and Political Participation, 633.1 Voting, 633.2 Jury service, 653.3 Measures intended to optimise civil and political participation, 66References, 694 Legal Capacity, Decision-making, Discriminatory Statutes and Practice, 714.1 Guardianship and the legal right to make decisions, 714.2 Discriminatory statutes and practice, 76References, 785 Work and the Workplace, 795.1 Mental health problems and labour force participation, 795.2 Intellectual disabilities and labour force participation, 815.3 Employment disability legislation, 82References, 866 Education, 896.1 United Nations Covenants and examples of country-based legislation, 90References, 957 Housing, 997.1 Discrimination in housing, 997.2 Examples of legislation, 1007.3 Community living, 103References, 1068 Social Security and Social Protection, 1098.1 What are social security and social protection?, 1098.2 Social security and social protection for people with mental health problems, 1108.3 Elements of social protection/social services legislation, 1138.4 Implementation challenges, 1178.5 Examples of legislation, 119References, 1219 Health, Health Care and the Right to Health, 1259.1 Inferior access to mental health care, 1259.2 Excess rates of co-morbidity and mortality, 1259.3 ‘Diagnostic overshadowing’ and ‘treatment overshadowing’, 1279.4 The right to health, 1289.5 Examples of legislation, 131References, 13210 Protection Against Abuse and Research Involving Vulnerable Populations, 13710.1 General considerations in research, 13910.2 The nature of vulnerability, 14010.3 Protection and remedies, 14110.4 The nature and quality of the investigation, 143References, 14611 Promotion of Mental Health and Prevention of Mental Illness, 14911.1 Public health approaches to promotion and prevention, 15011.2 UNCRPD in relation to mental health promotion and mental illness prevention, 15111.3 Examples of legislation, 15311.4 Other legislation to promote mental health and prevent mental illness, 156References, 15712 Implementation and Enforcement, 15912.1 Implementation plans and policies, 15912.2 Participation: professional groups, service user organisations and carer organisations, 16612.3 Inspections and visitation, 17012.4 Hearings, 17412.5 National Human Rights Institutions (NHRIs), 17612.6 Other complaints mechanisms, 17912.7 Advocacy, 179References, 18113 Summary and Conclusions, 185References, 19014 International and Regional Instruments, Standards, Guidelines and Declarations, 19114.1 International instruments and standards, 19314.2 Regional human rights systems, treaties, conventions, charters and standards, 20314.3 Non-binding standards, guidelines and declarations, 21514.4 Full texts, 22015 Examples of Disability Legislation from Across the World, 29916 Organisations and Resources, 30716.1 Legislation libraries and databases, 30716.2 World Health Organization literature and resource, 30816.3 Other intergovernmental organisations and resources, 31416.4 Non-governmental organisations (NGOs) and resources, 317Index, 323

“This book is an essential resource for anyone in the field of mental health care, support and treatment and particularly those involved in policy or law making, representation and advocacy (including self-advocacy).”  (SCOLAG, 1 October 2014)"There will be few people, whether experts or those new to this field, who would not find something new or stimulating in this work, and the volume of information it contains is truly admirable." (Social & Legal Studies, June 2013)"Mental Illness, Discrimination and the Law is a useful resource for students of mental health law, policy and ethics – perhaps especially for civil society groups who hope to (re)shape legislation. The diversity of legal edicts and policies from across the world is encouraging." (The Biologist, May 2013)“Reading a work that so clearly and accessibly advocates social justice for those with mental illnesses and so consistently and intentionally addresses the subject as a matter of human rights touching all realms of human experience could potentially become an experience of personal empowerment as well as an impetus for effective and well-informed advocacy.”  (Psychiatric Rehabilitation Journal, December 2012)“Because of its international remit, it has obvious potential for a worldwide readership but could well be a very useful text for postgraduates researching this area.”  (The British Journal of Psychiatry, November 2012)“This is an accessible and practical guide that will be of interest to readers from diverse backgrounds, including service users, NGOs, clinicians, legislators and those who work in the sectors reviewed.”  (Medicine, Health Care and Philosophy, 5 October 2012)