2Nd World Congress on Adult Guardianship Guardianship and the United Nations Disabilities Convention: Australian and International Perspectives Graham Mcbride

Total Page:16

File Type:pdf, Size:1020Kb

2Nd World Congress on Adult Guardianship Guardianship and the United Nations Disabilities Convention: Australian and International Perspectives Graham Mcbride 2nd World Congress on Adult Guardianship Guardianship and the United Nations Disabilities Convention: Australian and International Perspectives Graham McBride. “Untitled”. McBride. Graham Melbourne, Australia: 15-16 October 2012 Hosted by: Hilton on the Park Hotel, Melbourne (with optional workshops on 17 October) PROGRAM & REGISTRATION Early Bird Registration Closes: 30 June, 2012 In association with: Congress website: http://agac2012.conorg.com.au Secure online registration is available at: https://www.secureregistrations.com/WCAG2012 Supported by: ringing together Australian and International experts in the ageing, disability Anita Smith (Convenor) and guardianship !elds, this congress will consider the effect of the United Chair, Australian Guardianship and Nations Convention on the Rights of Persons with Disabilities on national and Administration Council; President, Guardianship international guardianship laws and practices. and Administration Board, Tasmania The congress will provide an opportunity to assess the impact of the Convention in reforming Australian and International guardianship laws and practices six years after Congress Committee: its adoption by the UN General Assembly and four years after rati!cation by Australia. John Chesterman Manager Policy and Education, Your hosts will be the Australian Guardianship and Administration Council (AGAC), Office of Public Advocate, Victoria whose members are the key state and territory guardianship authorities and institutions Anne Coghlan (members include public advocates, public and adult guardians, public and state Deputy President, Victorian Civil and Administrative Tribunal trustees, and boards and tribunals with guardianship jurisdictions). The congress has Tony Fitzgerald been developed in association with the International Guardianship Network (IGN). Managing Director, State Trustees Ltd Colleen Pearce We look forward to welcoming you to Melbourne in October. Public Advocate, Victoria Keynote Speakers Michael Kirby Denzil Lush Bernadette McSherry When he retired in February Denzil Lush has been the Senior Bernadette McSherry is an 2009 as a Justice of the High Judge of the Court of Protection, Australian Research Council Court of Australia, Michael Kirby based in London, since 1 October Federation Fellow, a Professor of was Australia’s longest serving 2007, when the Mental Capacity Law at Monash University and judge. His service began in 1975 Act 2005 came into force. the Director of the Centre for the and concluded with 13 years on He qualified as a solicitor in 1978 Advancement of Law and Mental Australia’s highest appellate and and worked in private practice for Health. She has honours degrees constitutional court. 18 years before being appointed in Arts and Law and a Masters of During the course of his judicial service, Michael Kirby as a chairman of Social Security Appeals Tribunals in Law from the University of Melbourne, a PhD from York dealt on several occasions with issues concerning 1994 and Master of the former Court of Protection in University, Canada and a Graduate Diploma in Psychology guardianship and disability. April 1996. from Monash University. She is a Fellow of the Australian Academy of Social Sciences and of the Australian For many years he has been involved in human rights He has written several books - Elderly Clients: A Academy of Law. Bernadette is a legal member of the questions both in Australia and in the world. He served Precedent Manual (1996; 3rd edition 2010), Cohabitation: Mental Health Review Board of Victoria and has acted as as President of the International Commission of Jurists Law Practice and Precedents (1993; 4th edition 2009) a consultant to government on criminal law, sentencing (1995-8) and currently serves as a Commissioner of the and Cretney & Lush on Lasting and Enduring Powers of and mental health law issues. Currently, she is directing UNDP Global Commission on HIV and the Law. Attorney (6th edition, 2009) - and has contributed chapters a team of 18 researchers working on a 5 year Federation to various medical and legal reference books. In 2010, Michael Kirby was named laureate of the Gruber Fellowship project entitled Rethinking Mental Health Justice Prize, conferred in Washington DC. He is a judicial member of STEP (the Society of Trust Laws examining legal frameworks for detention and and Estate Practitioners) and a patron of Solicitors for treatment across common law countries. She is also part Oliver Lewis the Elderly. of an interdisciplinary research team analysing preventive detention regimes in Australia, Scotland and the USA. Oliver Lewis is Executive Director of the Mental Disability Advocacy Ron McCallum AO Center, an international human Emeritus Professor Ron McCallum Neil Rees rights organisation based in AO, University of Sydney, is Emeritus Professor Neil Rees Budapest, Hungary. the Chair of the United Nations was chairperson of the Victorian An LSE law graduate, he undertook Committee on the Rights of Law Reform Commission (VLRC) post-graduate studies in medical Persons with Disabilities. The from 2007 until 2012. During that law and ethics before qualifying primary function of this Committee period the VLRC completed 8 as a barrister and working as a research assistant is to monitor the implementation references including civil justice, on mental health law reform at the UK’s Department of the United Nations the law of abortion, jury directions of Health. As a non-practising barrister, Oliver is an Convention on the Rights of Persons with Disabilities. in criminal trials, child protection associate member of the human rights barristers set In 1993, Ron was the first totally blind person to be proceedings, the registration of sex offenders, and adult Doughty Street Chambers, London. He is recurrent Visiting appointed to a full professorship at any Australian or guardianship. New Zealand university. From 2002 to 2007, he served Professor in Law at the Central European University in Neil is emeritus professor in the Faculty of Business Budapest, and is a faculty member of the International as Dean of the University of Sydney Law School, and from 2001 to 2009 he was the inaugural President of the and Law at the University of Newcastle where he was Diploma on Mental Health Law and Human Rights, run by professor of law from 1991 to 2007 and foundation dean the Indian Law Society in Pune, India. Australian Labour Law Association. Ron’s academic field of expertise is labour relations law, and he is a consultant of the Faculty of Law from 1991 to 1999. Oliver has published papers on the interface of human to HWL Ebsworth Lawyers. Ron is a Deputy-Chair of the He has been a member of many tribunals including the rights law, public policy and disability. He serves on the Board of Directors of Vision Australia which is Australia’s Mental Health Review Board (Vic), the Mental Health editorial board of the European Yearbook on European largest blind welfare organisation. In January 2011, Prime Review Tribunal (NSW) and the Administrative Decisions Disability Law. Minister Julia Gillard designated Ron as Senior Australian Tribunal (NSW). He has been involved in the establishment of the Year 2011. of a number of community legal centres and clinical legal education programs. Neil has published in the areas of criminal investigation, legal practice, mental health law, tribunals, Indigenous Australians and the law, and equal opportunity law. Melbourne Australia Regarded by many as the cultural capital of Australia, Melbourne is the perfect setting for our congress. A friendly, multicultural city located on the banks of the Yarra River, Melbourne offers excellent shopping, world class cultural events, and spectacular food and wine from over 3000 restaurants. Along the riverside at Southgate, and in the lanes and streets of the city centre and inner-city bohemian neighbourhoods like Carlton, Fitzroy, St Kilda and South Yarra, you’ll "nd endless rows of cafes and boutiques. Outside Melbourne, you’ll "nd a host of regional attractions, from the Fairy Penguins to the spectacular Great Ocean Road. For more information about Melbourne, check the following websites: www.melbourne.citysearch.com.au www.melbourne.vic.gov.au www.visitvictoria.com.au Yarra River, Melbourne 12 Apostles - Great Ocean Road Fairy Penguins Government House Congress Venue International Guardianship Network (IGN) Hilton on the Park Hotel, www.international-guardianship.com 192 Wellington Parade, East Melbourne • IGN is a non-pro!t and non-government organisation. Situated next to the beautiful Fitzroy Gardens and directly opposite • The missions of IGN are to provide support, information the Melbourne Cricket Ground, Rod Laver Arena and Melbourne Park, and networking opportunities for guardians worldwide Hilton on the Park Hotel is just a ten minute walk from the city’s and to put the legal proceedings of the UN Convention downtown shopping and commercial district. on the Rights of Persons with Disabilities into practice. We initiate innovative projects and conferences. IGN is independent of political and religious ideologies. Social Program Congress Reception Australian Guardianship and His Excellency The Honourable Alex Chernov AC QC, Governor of Victoria, Administration Council (AGAC) will host a reception for full, 2-day congress delegates from 6:00 -8:30pm www.agac.org.au on Monday (15 October) at Government House. • AGAC member organisations have a role in protecting Please note that business attire is required. adults in Australia who have a
Recommended publications
  • Reasonable Man’
    The University of Notre Dame Australia ResearchOnline@ND Theses 2019 The conjecture from the universality of objectivity in jurisprudential thought: The universal presence of a ‘reasonable man’ Johnny Sakr The University of Notre Dame Australia Follow this and additional works at: https://researchonline.nd.edu.au/theses Part of the Law Commons COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. Publication Details Sakr, J. (2019). The conjecture from the universality of objectivity in jurisprudential thought: The universal presence of a ‘reasonable man’ (Master of Philosophy (School of Law)). University of Notre Dame Australia. https://researchonline.nd.edu.au/theses/215 This dissertation/thesis is brought to you by ResearchOnline@ND. It has been accepted for inclusion in Theses by an authorized administrator of ResearchOnline@ND. For more information, please contact [email protected]. The Conjecture from the Universality of Objectivity in Jurisprudential Thought: The Universal Presence of a ‘Reasonable Man’ By Johnny Michael Sakr Submitted in accordance with the requirements of the degree of Master of Philosophy University of Notre Dame Australia School of Law February 2019 SYNOPSIS This thesis proposes that all legal systems use objective standards as an integral part of their conceptual foundation. To demonstrate this point, this thesis will show that Jewish law, ancient Athenian law, Roman law and canon law use an objective standard like English common law’s ‘reasonable person’ to judge human behaviour.
    [Show full text]
  • The Sydney Law Review
    volume 42 number 4 december 2020 the sydney law review articles Dignity and the Australian Constitution – Scott Stephenson 369 Three Recent Royal Commissions: The Failure to Prevent Harms and Attributions of Organisational Liability – Penny Crofts 395 The Hidden Sexual Offence: The (Mis)Information of Fraudulent Sex Criminalisation in Australian Universities – Jianlin Chen 425 review essays Judging the New by the Old in the Judicial Review of Executive Action – Stephen Gageler AC 469 Pioneers, Consolidators and Iconoclasts of Tort Law – Barbara McDonald 483 EDITORIAL BOARD Elisa Arcioni (Editor) Kristin Macintosh Celeste Black (Editor) Tanya Mitchell Ben Chen Michael Sevel Emily Hammond Belinda Smith Jason Harris Yane Svetiev Ghena Krayem Kimberlee Weatherall STUDENT EDITORIAL COMMITTEE Margery Ai Mischa Davenport Thomas Dickinson Jessica Bi Matthew Del Gigante Oliver Hanrahan Sydney Colussi Thomas Dews Alice Strauss Before the High Court Editor: Emily Hammond Book Review Editor: Yane Svetiev Publishing Manager: Cate Stewart Correspondence should be addressed to: Sydney Law Review Sydney Law School Building F10, Eastern Avenue UNIVERSITY OF SYDNEY NSW 2006 AUSTRALIA Email: [email protected] Website and submissions: <https://sydney.edu.au/law/our- research/publications/sydney-law-review.html> For hardcopy subscriptions outside North America: [email protected] For hardcopy subscriptions in North America: [email protected] The Sydney Law Review is a refereed journal. © 2020 Sydney Law Review and authors. ISSN 0082–0512 (PRINT) ISSN 1444–9528 (ONLINE) Dignity and the Australian Constitution Scott Stephenson Abstract Today dignity is one of the most significant constitutional principles across the world given that it underpins and informs the interpretation of human rights.
    [Show full text]
  • The Effect of Risk-Based Mental Health Law on Access to Mental Health Services
    The Effect of Risk-Based Mental Health Law on Access to Mental Health Services A thesis submitted for the degree of Doctor of Philosophy of The Australian National University by Maree Livermore October 2016 © Copyright Maree Livermore 2016 All Rights Reserved I declare that the work in this thesis is entirely my own and that to the best of my knowledge it does not contain any materials previously published or written by another person except where otherwise indicated. Maree Livermore October, 2016 Canberra, Australia Word Count: 83,379 i. Acknowledgements I would like to thank my principal supervisor, Professor Beverly Raphael, for her warmth, her unfailing confidence, and for her enduring personal support over the course of this PhD. My sincere thanks also to my associate supervisor, Emeritus Professor Terry Carney AO, for his strong commentary on the work throughout, and especially for his support and encouragement in its final stages. Special thanks to Professor John Braithwaite, whose early and kindly advice—and indeed, whose entire body of work—inspired me and mediated my approach to the methodology. This thesis is dedicated to my dear Dad, Brian Livermore, who passed away in the middle of my candidature, and to my much-loved mother and friend, Joan Livermore, who died only recently. In the final stages of her illness, she continued to proof-read, to argue with me about forms of expression, and to teach me invaluable lessons. ii. Abstract The escalating personal, social and economic costs of poor access to effective mental health services in Australia now demands ‘root-and-branch’ re-evaluation of Australian mental health policy, and the structure of the public mental health system— including one of its central pinions, mental health law.
    [Show full text]
  • Implications for Mental Health Laws
    Laws 2015, 4, 125–138; doi:10.3390/laws4020125 OPEN ACCESS laws ISSN 2075-471X www.mdpi.com/journal/laws/ Article Decision-Making, Legal Capacity and Neuroscience: Implications for Mental Health Laws Bernadette McSherry Melbourne Social Equity Institute, University of Melbourne, 201 Grattan Street, Parkville, Victoria 3010, Australia; E-Mail: [email protected]; Tel.: +61-3-9035-7434 Academic Editor: Kelly Purser Received: 31 March 2015 / Accepted: 20 April 2015 / Published: 27 April 2015 Abstract: Neuroscientific endeavours to uncover the causes of severe mental impairments may be viewed as supporting arguments for capacity-based mental health laws that enable compulsory detention and treatment. This article explores the tensions between clinical, human rights and legal concepts of “capacity”. It is argued that capacity-based mental health laws, rather than providing a progressive approach to law reform, may simply reinforce presumptions that those with mental impairments completely lack decision-making capacity and thereby should not be afforded legal capacity. A better approach may be to shift the current focus on notions of capacity to socio-economic obligations under the Convention on the Rights of Persons with Disabilities. Keywords: legal capacity; mental capacity; decision-making; mental health laws; neuroscience 1. Introduction Laws that enable the compulsory detention and treatment of individuals with severe mental impairments [1] have been enacted in many countries, including recently in China [2]. While the criteria for compulsory detention and treatment differ across jurisdictions, in general, there must be evidence of “mental illness”, generally defined according to certain symptoms, a need for treatment and some form of risk of harm to self or others [3].
    [Show full text]
  • Victorian Historical Journal
    VICTORIAN HISTORICAL JOURNAL VOLUME 91, NUMBER 1, JUNE 2020 ROYAL HISTORICAL SOCIETY OF VICTORIA VICTORIAN HISTORICAL JOURNAL ROYAL HISTORICAL SOCIETY OF VICTORIA The Victorian Historical Journal has been published continuously by the Royal Historical Society of Victoria since 1911. It is a double-blind refereed journal issuing original and previously unpublished scholarly articles on Victorian history, or occasionally on Australian history where it illuminates Victorian history. It is published twice yearly by the Publications Committee, overseen by an Editorial Board, and indexed by Scopus and the Web of Science. It is available in digital and hard copy. https://www.historyvictoria.org.au/publications/victorian-historical-journal/ The Victorian Historical Journal is a part of RHSV membership: https://www.historyvictoria.org.au/membership/become-a-member/ EDITORS Richard Broome and Judith Smart EDITORIAL BOARD OF THE VICTORIAN HISTORICAL JOURNAL Emeritus Professor Graeme Davison AO, FAHA, FASSA, FFAHA, Sir John Monash Distinguished Professor, Monash University (Chair) https://research.monash.edu/en/persons/graeme-davison Emeritus Professor Richard Broome AM, FAHA, FRHSV, Department of Archaeology and History, La Trobe University, and President of the Royal Historical Society of Victoria https://scholars.latrobe.edu.au/display/rlbroome Associate Professor Kat Ellinghaus, Department of Archaeology and History, La Trobe University https://scholars.latrobe.edu.au/display/kellinghaus Professor Katie Holmes, FASSA, Director, Centre for the Study of the Inland, La Trobe University https://scholars.latrobe.edu.au/display/kbholmes Professor Emerita Marian Quartly, FFAHS, Monash University https://research.monash.edu/en/persons/marian-quartly Professor Andrew May, Department of Historical and Philosophical Studies, University of Melbourne https://www.findanexpert.unimelb.edu.au/display/person13351 Emeritus Professor John Rickard, FAHA, FRHSV, Monash University https://research.monash.edu/en/persons/john-rickard Hon.
    [Show full text]
  • Monash Law School Annual Report 2010
    Law Monash Law School Annual Report 2010 Australia n Malaysia n South Africa n Italy n India n China www.law.monash.edu Contents 1. Introduction to Monash Law School ........................................2 7. Equity and Diversity..................................................................26 2. Campuses ...................................................................................3 7.1 Membership 2010 ....................................................................26 7.2 Faculty Priorities .......................................................................26 2.1 Clayton .......................................................................................3 7.3 Activities 2010 ..........................................................................27 2.2 Monash University Law Chambers ............................................3 8. International .............................................................................29 2.3 Monash Education Centre, Prato, Italy ......................................3 8.1 Recruitment of International Students .....................................29 3. Research ....................................................................................4 8.2 Engagement with Partner Institutions ......................................29 8.3 Overseas Programs ..................................................................29 3.1 Reflections on Research During 2010 ........................................4 8.4 Internships ................................................................................29
    [Show full text]
  • Bernadette Mcsherry
    TheMHS Awards – Nomination for Exceptional Contribution Award Bernadette McSherry 1 April 2016 1. Professor Bernadette McSherry is the Foundation Director of the Melbourne Social Equity Institute at the University of Melbourne. She was formerly an Australian Research Council Federation Fellow, a Professor of Law and the Director of the Centre for the Advancement of Law and Mental Health at Monash University. She has honours degrees in Arts and Law and a Masters of Law from the University of Melbourne, a PhD from York University, Canada and a Graduate Diploma in Psychology from Monash University. She is a Fellow of the Australian Academy of Social Sciences and a Fellow of the Australian Academy of Law and has published widely in the fields of mental health law and criminal law. Professor McSherry is the current president of the Australian and New Zealand Association of Psychiatry Psychology and Law (ANZAPPL). She is a legal member of the Mental Health Review Board of Victoria and has acted as a consultant to government on criminal law, sentencing and mental health law issues. 2. Criteria 2.1 Evidence of a significant contribution to the field of mental health on a local, state or national level. Professor McSherry is widely regarded as having made a significant contribution to creating human rights-based mental health law, policy and practice in Australia and New Zealand, and internationally. She has received numerous research funding grants. These include grants for the following projects: 1 • Model Laws to Regulate the Use of Restraint
    [Show full text]
  • 5568 Law Matters
    Law News from the Monash Law School community ‘Twitter Revolutions’ Professor Sarah Joseph reports on the rise of social media in revolution INSIDE: Monash students Where are they now? beat world’s best – Class of 1980 www.law.monash.edu Features: Dean’s message 2 Feature: ‘Twitter Revolutions’ Professor Sarah Joseph reports on the rise of social media The Faculty of Law turns 50 in 2014. That’s middle age for humans, but still embryonic for a legal institution. In preparation for that great event we are preparing a history which will be published in that year, written by historians Doctors Peter Yule and Fay Woodhouse. 4 Making Legal Research On page 1 they provide their contact details and The four books published by our current and previous Relevant for Government, we encourage our alumni to make contact with them staff, highlighted on page 10, reinforce the argument to share their memories and experiences. We would made in the article on the Relevance of Legal the Profession, and the not like the publication to be a dry recitation of Research at pages 4–6 that the staff of the Law Community institutional events (Faculty Board papers have rarely School are actively engaged with the community in been optioned by Hollywood producers) but a law reform projects, government committees, public dynamic depiction of the life and growth of an policy debates, capacity building and legal practice. 8 Q&A: Catherine important organisation with over 10,000 alumni Teaching matters, as does quality research. But Wolthuizen who have made their mark on Australian society.
    [Show full text]
  • 2013 Annual Report
    2013 Annual Report 1 Enquiries about reprinting information contained in this publication should be made through: Melbourne Social Equity Institute The University of Melbourne Victoria 3010 e: [email protected] Editors: Prof Bernadette McSherry, Charlene Edwards, Kathleen Patterson Design: Gary Dickson Views expressed are not necessarily endorsed or approved by the University. The information in this publication was correct at time of printing. The University reserves the right to make changes as appropriate. For more information visit: www.socialequity.unimelb.edu.au Contents Background 4 Message from the Director 5 Directorate 6 Theme Leaders 7 Advisory Board 8 Reference Group 8 Research Themes 9 Seed Funded Projects 10 - 13 Featured Projects 14 - 15 PhD Students 16 Partnerships and Collaborations 17 Publication Highlights 18 Key Events 19 Financial Statement 20 Background The Melbourne Social Equity Institute (MSEI) sup- ports interdisciplinary research on social equity is- sues across the full spectrum of social life including health, law, education, housing, work and transport. The MSEI brings together researchers from across the University of Melbourne to identify unjust or unfair practices that lead to social inequity and work to- wards finding ways to ameliorate disadvantage. Our research is currently linked to four themes: • Access to Public Goods • Citizenship & Diversity • Human Rights • Social Policy Across the Life Course Each theme has a leader who is committed to achiev- ing real change in his or her field. Cutting across these themes, the MSEI supports research which addresses the needs of population sectors where disadvantage may be experienced by reason of gender, age and/or disability.
    [Show full text]
  • Victorian Bar News
    I~O ',C", ORII-liV BAR COUNCIL OWEN DIXON CHAMBERS <05 WILLIAM STREET, () LPo 1'7LBOURNE3 00 ~ S-S N. Our new Leather range id for e~ery generation to enJoy. Grange has been renowned for producing designed to be shared and enjoyed for generations exceptional hand made furniture for nearly 100 to come. The leather will retain its shape over years. Each piece is crafted with a passion for many years of use and can be given a new lease of design, quality and comfort in the family home. life with a gentle rub of oil. Available in rich We now present a unique range of European colours ranging from ruby reds to sensuous leather furniture, sourced from Italy and France, to chocolate browns. provide luxurious texture in Australian homes. Visit our showroom and sense for yourself the Like all Grange pieces, the new leather range is warmth our furniture will bring to your home. ( y ,.,.... i I .- -~ • I . ".. I GRANGE LES MEUBLE S DE FAMILLE Available through Grange Furniture. 55 Camberwell Road. Hawthorn, Victoria 3122 Tel: (03) 9882 8788 (Free Interior Design service available) • 598 Willoughby Road, Willoughby, NSW 2068 Tel: (02) 9958 0700 • Email: [email protected] No. 12 AUTUMN 2002 Contents EDITORS'BACKSHEET 5 Life in the 21st Centwy CHAIRMAN'S CUPBOARD 8 2002 Legal Year: Some Significant Celebrations ATTORNE~GENERAVSCOLUMN 10 Victoria's New Drug Court CORRESPONDENCE 12 Letters to the Editors WELCOME 13 Judge Hogan OBITUARY 14 Richard Kelsham Fullagar 16 VERBATIM Welcome: Judge Hogan Obituary: Richard Kelsham ARTICLES Fullagar 17
    [Show full text]
  • 7 July 2015 Dr. Kathryn Aiken Clerk to the Ad Hoc Committee on The
    7th July 2015 Dr. Kathryn Aiken Clerk to the Ad Hoc Committee on the Mental Capacity Bill and Clerk to the Committee for Health, Social Services and Public Safety Northern Ireland Assembly Room B32 Parliament Buildings Stormont Estate BT4 3XX Dear Dr Aiken, Thank you for the opportunity to comment in writing on the Mental Capacity Bill. My Background I have a PhD in Law from York University in Canada and a Graduate Diploma in Psychology from Monash University in Australia. My undergraduate Honours degrees in Arts and Law, as well as a Masters degree in Law were obtained from the University of Melbourne, Australia. In 2007, I was awarded an Australian Research Council Federation Fellowship to carry out a five year research project entitled Rethinking Mental Health Laws. That project compared reforms to mental health legislation in common law jurisdictions and resulted in a number of publications including two edited collections. Full details of my publications in this field can be obtained from https://www.researchgate.net/profile/Bernadette_Mcsherry2/contributions I am also attaching two recent articles which summarise some of what is happening in the international field. General Comments About the Mental Capacity Bill It is obviously timely to enact comprehensive legislation aimed at protecting the interests of persons with mental and intellectual impairments given that the Convention on the Rights of Persons with Disabilities (CRPD) has been ratified by the United Kingdom. I note however that the lead up to the Bill occurred prior to important clarifications by the United Nations CRPD Committee about the ‘exact scope of the obligations of States Parties under Article 12’ (General Comment No 1 on Article 12, 2014, para [3]) .
    [Show full text]
  • Mental Health Laws: Where to from Here?
    MENTAL HEALTH LAWS: WHERE TO FROM HERE? BERNADETTE McSHERRY* Most developed countries have laws that permit the detention and treatment of persons with severe mental impairments without their consent. In Australia, a number of governments have recently undergone or are currently undertaking reviews of mental health legislation in the light of the principles set out in the United Nations Convention on the Rights of Persons with Disabilities. This Convention has generated debates about (a) — whether mental health laws that enable involuntary detention and treatment should be abolished on the basis that they unjustifiably breach human rights; as well as (b) — whether such laws can be reformed in the light of human rights principles to ensure respect for individual choices in relation to treatment. This article explores what these debates may mean for the provision of involuntary treatment in the future. I INTRODUCTION In the early evening of 26 August 2007, a pedestrian walking near the Merri Creek in North Fitzroy in Melbourne found the body of a middle-aged man. The man was later identified as 55-year-old Peter Raven Fisher and a Coroner’s Inquest found that he had drowned in the creek sometime between 9 August and 26 August 2007.1 The circumstances leading up to Mr Fisher’s death may seem distressingly familiar to those who have experienced severe mental impairments and those who support them.2 Mr Fisher was first diagnosed as having paranoid schizophrenia at the age of 15. He moved out of home when he was 19 and subsequently refused to engage with his family.
    [Show full text]