Dignity, Mental Health and Human Rights. Coercion and the Law

This book explores the human rights consequences of recent and ongoing revisions of mental health legislation in England and Ireland. Presenting a critical discussion of the World Health Organization's 'Checklist on Mental Health Legislation' from its Resource Book on Mental Health, Human Rights and Legislation, the author uses this checklist as a frame-work for analysis to examine the extent to which mental health legislation complies with the WHO human rights standards. The author also examines recent case-law from the European Court of Human Rights, and looks in depth at the implications of the United Nations Convention on the Rights of Persons with Disabilities for mental health law in England and Ireland. Focusing on dignity, human rights and mental health law, the work sets out to determine to what extent, if any, human rights concerns have influenced recent revisions of mental health legislation, and to what extent recent developments in mental health law have assisted in protecting and promoting the human rights of the mentally ill. The author seeks to articulate better, clearer and more connected ways to protect and promote the rights of the mentally ill though both law and policy.

Brendan Kelly is Associate Clinical Professor of Psychiatry at University College Dublin and Consultant Psychiatrist at the Mater Misericordiae University Hospital, Dublin. In addition to his medical degree (MB BCh BAO), he holds master's degrees in epidemiology (MSc), healthcare management (MA) and Buddhist studies (MA), as well as doctorates in medicine (MD), history (PhD), governance (DGov) and law (PhD). He is editor-in-chief of the Irish Journal of Psychological Medicine and has published over 200 papers in peer-reviewed journals, nationally and internationally, on topics including mental health law and human rights. In 2011 he was appointed by Ireland’s Minister for Disability, Equality and Mental Health to represent the College of Psychiatrists of Ireland on the Expert Group Reviewing the Mental Health Act 2001 and he chaired the Law Committee of the College of Psychiatrists of Ireland (2012-2014). He has written various book chapters and books, chiefly relating to the history of mental health law in England and Ireland.