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Psychological models of mental disorder, human rights, and compulsory mental health care in the community

Psychological models of mental disorder, human rights, and compulsory mental health care in the community

International Journal of Law and Psychiatry 31(6): 479-486

Recent amendments to the 1983 Mental Health Act in the UK (Mental Health Act 2007) include the controversial provision for: "supervised treatment in the community for suitable patients following an initial period of detention and treatment in hospital". This provision is widespread, and more formal, in other English-speaking jurisdictions. Reviews of the international literature, human rights considerations and the perspective of psychological approaches to mental health care suggest that proposed 'supervised community treatment orders' are valuable, lawful, and compatible with the European Convention on Human Rights if certain specific conditions are met. Provisions for 'supervised community treatment orders' in the UK should be supported, but with the provisos that: the powers of the Mental Health Act are limited as in Scotland, to persons whose "ability to make decisions about the provision of [care] is significantly impaired", that each order is time-limited and subject to review by a properly constituted Tribunal, and that the use of such orders should represent a benefit to people in terms of more appropriate treatment, or be a least restrictive alternative, or better preserve the person's private and family life.

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Accession: 055272155

Download citation: RISBibTeXText

PMID: 18954904

DOI: 10.1016/j.ijlp.2008.09.005

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