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This book provides a ground-breaking discussion of the human right to make decisions in our own lives.
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws
Throughout the history of psychology, there have been full investigations of discrete emotions (particularly negative ones) and a recent wealth of books on happiness, but few exist on the emotion of joy. This book takes a unique psychological approach to understanding this powerful emotion and provides a framework within which the study of human joy and other related positive fulfillment experiences can fit in a meaningful schema. A key feature of this book is its development of an experiential phenomenology of joy. This phenomenology is based on more than three hundred descriptions of joy experiences recounted by subjects in an empirical study executed by the author. Types of joy experiences are examined, such as excited vs. serene joy, anticipatory vs. completed joy, and affiliative vs. individuated joy. There is no comparable book or work that clarifies the relationship among major positive states with emotional components including satisfaction, happiness, and ecstasy.
Explores how society's privileging of autonomy and of civil and political freedoms, fails to uphold the human rights of those with cognitive disability.
The clinician needs to make sense of many client experiences in the course of daily practice: do these experiences reflect the simple product of complex neurochemical activity, or do they represent another dynamic involving the subjective self? When research findings from the neurosciences are applied to clinical psychology, reductionist thinking is typically followed, but this creates problems for the clinical practitioner. In this book Tony Schneider draws together the three strands of philosophy, neuroscience, and psychology to explore the mind/body question as it affects the clinician. Taking a position more closely aligned with dualism, he argues for the utility in making distinctions b...
The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on th...
The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what i...
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 the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public ...
International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.