Therapeutic Jurisprudence and Procedural Justice in Mental Health Practice: responding to vulnerability without coercion

Weller, P 2018, 'Therapeutic Jurisprudence and Procedural Justice in Mental Health Practice: responding to vulnerability without coercion' in Claire Spivakovsky, Kate Seer, Arian Carter (ed.) Critical Perspectives on Coercive Interventions, Routledge Frontiers of Criminal Justice, Oxon, United Kingdom, pp. 212-224.


Document type: Book Chapter
Collection: Book Chapters

Title Therapeutic Jurisprudence and Procedural Justice in Mental Health Practice: responding to vulnerability without coercion
Author(s) Weller, P
Year 2018
Title of book Critical Perspectives on Coercive Interventions
Publisher Routledge Frontiers of Criminal Justice
Place of publication Oxon, United Kingdom
Editor(s) Claire Spivakovsky, Kate Seer, Arian Carter
Start page 212
End page 224
Subjects Law and Society
Summary In crafting a radical reinterpretation of the principles of non-discrimination and equality before the law, the Convention on the Rights of Persons with Disabilities challenges the routine use of compulsory mental health treatment. This chapter points to the lack of empirical evidence supporting the use of compulsory treatment, while outlining the experience by people with mental health problems who have experience of compulsory treatment. The chapter seeks a way forward by exploring the insights offered by procedural justice and therapeutic jurisprudence scholarship. It highlights the connections between procedural justice, recovery-oriented practice and the human rights model in the CRPD. The chapter argues that therapeutic jurisprudence and procedural justice research provides fresh evidence about the formulation and impact of the law that could inform the creation of mental health laws and practices that are free of statutory mandated compulsory treatment.
Copyright notice © 2018 individual chapters, contributors
Keyword(s) CRPD rights
ISBN 9781138067370
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