BookRichard M. Duffy, Brendan D. Kelly ; With contributions by Soumitra Pathare, Arjun Kapoor.
Summary: This book comprehensively discusses the background to the passing of India's revolutionary Mental Healthcare Act, 2017, offering a detailed description of the Act itself and a rigorous analysis in the context of the CRPD and the World Health Organization (WHO) standards for mental health law. It examines the fine balance, between complying with the CRPD while still delivering practical, humane, and implementable legislation. It explores how this legislation was shaped by the WHO standards and provides insights into areas where the Indian legislators deviated from these guidelines and why. Taking India as an example, it highlights what is possible in other low- and middle-income countries. Further it covers key issues in mental health, identifying potential competing interests and exploring the difficulties and limitations of international guidelines. The book is a valuable resource for psychiatrists, nurses, social workers, non-governmental organizations and all mental healthcare workers in India and anyone studying human rights law.
Contents:
Intro
Acknowledgements
Contents
Introduction
Abstract
Introduction
References
About the Authors
Abbreviations
List of Tables
Part I Mental Health Law and the Role of International Standards
1 Background to Mental Health Law
1.1 The Pre-history of Mental Health Law
1.2 A Timeline of Mental Health Law
1.2.1 Poor Laws and the Protection of Property
1.2.2 Early Residential Care
1.2.3 The Asylum Era
1.2.4 Deinstitutionalization
1.2.5 Rights-Based Mental Health Law
1.3 Political and Ideologically Driven Legislation Relating to Mental Illness 1.3.1 Military Psychiatry
1.3.2 Eugenics
1.3.3 Key Events and the Protection of Society
1.3.4 Legislation Relating to Suicide
1.3.5 Forensic Psychiatry
1.3.6 Marriage Laws
1.4 Summary
1.4.1 India's Mental Healthcare Act, 2017
References
2 The United Nations and Mental Health Law
2.1 The United Nations and Human Rights
2.2 The United Nations' Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (1991)
2.3 The United Nations' Convention on the Rights of Persons with Disabilities (2006) 2.3.1 Innovations of the Convention on the Rights of Persons with Disabilities
2.3.2 Criticism of the Convention on the Rights of Persons with Disabilities' Impact on People with Mental Illness
2.4 The United Nations' Human Rights Council
References
3 The World Health Organization and Mental Health Law
3.1 The World Health Organization and the International Classification of Diseases
3.2 The World Health Organization's Mental Health Care Law: Ten Basic Principles (1996)
3.3 World Mental Health Atlas (2001-2017)
3.4 The World Health Report (2001) 3.5 The World Health Organization Resource Book on Mental Health, Human Rights and Legislation (2005)
3.6 Mental Health and Development (2010)
3.7 World Health Organization Mental Health Action Plan 2013-2020 (2013)
3.8 World Health Organization QualityRights Initiative (2012)
References
Part II Mental Health Legislation in India
4 History of Mental Health Legislation in India
4.1 Early Mental Healthcare in India
4.2 Early Mental Health Legislation in India
4.3 Indian Lunacy Act, 1912
4.4 Constitution of India, 1949 and Representation of the People Act, 1950 4.5 India's Mental Health Act, 1987
4.6 Modern Indian Legislation
References
5 India's Rights of Persons with Disabilities Act, 2016
5.1 Background to India's Rights of Persons with Disabilities Act, 2016
5.2 Provisions of the Rights of Persons with Disabilities Act, 2016
5.2.1 'Preliminary' Matters and Definitions
5.2.2 'Rights and Entitlements'
5.2.3 'Education'
5.2.4 'Skill Development and Employment'
5.2.5 'Social Security, Health, Rehabilitation and Recreation'
5.2.6 'Special Provisions for Persons with Benchmark Disabilities'