Mental Illness, Discrimination and the Law – Fighting for Social Justice

Felicity Callard is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Norman Sartorius is a Croatian psychiatrist and university professor. Sartorius is a former director of the World Health Organization's Division of Mental Health, and a former president of the World Psychiatric Association and of the European Psychiatric Association. Julio Arboleda-Florez is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Peter Bartlett is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Hanfried Helmchen is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Heather Stuart is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Jose Taborda is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Graham Thornicroft, Health Service and Population Research Department, Institute of Psychiatry, King's College London, UK.

Acknowledgements, ix Glossary, xiii 1 Introduction, 1 1.1 Using the law in the fight for social justice, 1 1.2 Whom are we addressing?, 5 1.3 The history of this book, 7 1.4 How the book has been organised, 12 1.5 Terms used to describe mental health problems, 14 1.6 Our authorial voice(s), 16 References, 17 2 Principles and Concepts, 19 2.1 The tension between advancing the rights of people with mental health problems and attitudes in society, 20 2.2 Law relating to people with mental health problems: the historical context, 21 2.3 Discrimination, 24 2.4 General versus specific law, 36 2.5 Importance of enforcement, 39 2.6 Social model of disability, 41 2.7 Capacity and competence, 44 2.8 Human rights, 47 2.9 Stigma, discrimination and structural violence , 52 2.10 Social justice, 54 2.11 What comes next?, 57 References, 57 3 Civil and Political Participation, 63 3.1 Voting, 63 3.2 Jury service, 65 3.3 Measures intended to optimise civil and political participation, 66 References, 69 4 Legal Capacity, Decision-making, Discriminatory Statutes and Practice, 71 4.1 Guardianship and the legal right to make decisions, 71 4.2 Discriminatory statutes and practice, 76 References, 78 5 Work and the Workplace, 79 5.1 Mental health problems and labour force participation, 79 5.2 Intellectual disabilities and labour force participation, 81 5.3 Employment disability legislation, 82 References, 86 6 Education, 89 6.1 United Nations Covenants and examples of country-based legislation, 90 References, 95 7 Housing, 99 7.1 Discrimination in housing, 99 7.2 Examples of legislation, 100 7.3 Community living, 103 References, 106 8 Social Security and Social Protection, 109 8.1 What are social security and social protection?, 109 8.2 Social security and social protection for people with mental health problems, 110 8.3 Elements of social protection/social services legislation, 113 8.4 Implementation challenges, 117 8.5 Examples of legislation, 119 References, 121 9 Health, Health Care and the Right to Health, 125 9.1 Inferior access to mental health care, 125 9.2 Excess rates of co-morbidity and mortality, 125 9.3 Diagnostic overshadowing and treatment overshadowing , 127 9.4 The right to health, 128 9.5 Examples of legislation, 131 References, 132 10 Protection Against Abuse and Research Involving Vulnerable Populations, 137 10.1 General considerations in research, 139 10.2 The nature of vulnerability, 140 10.3 Protection and remedies, 141 10.4 The nature and quality of the investigation, 143 References, 146 11 Promotion of Mental Health and Prevention of Mental Illness, 149 11.1 Public health approaches to promotion and prevention, 150 11.2 UNCRPD in relation to mental health promotion and mental illness prevention, 151 11.3 Examples of legislation, 153 11.4 Other legislation to promote mental health and prevent mental illness, 156 References, 157 12 Implementation and Enforcement, 159 12.1 Implementation plans and policies, 159 12.2 Participation: professional groups, service user organisations and carer organisations, 166 12.3 Inspections and visitation, 170 12.4 Hearings, 174 12.5 National Human Rights Institutions (NHRIs), 176 12.6 Other complaints mechanisms, 179 12.7 Advocacy, 179 References, 181 13 Summary and Conclusions, 185 References, 190 14 International and Regional Instruments, Standards, Guidelines and Declarations, 191 14.1 International instruments and standards, 193 14.2 Regional human rights systems, treaties, conventions, charters and standards, 203 14.3 Non-binding standards, guidelines and declarations, 215 14.4 Full texts, 220 15 Examples of Disability Legislation from Across the World, 299 16 Organisations and Resources, 307 16.1 Legislation libraries and databases, 307 16.2 World Health Organization literature and resource, 308 16.3 Other intergovernmental organisations and resources, 314 16.4 Non-governmental organisations (NGOs) and resources, 317 Index, 323