Mental Health in Postmodern Society: Time for New Law Paradigms?

Author: Carney T.

Source: Psychiatry, Psychology and Law, Volume 10, Number 1, 1 August 2003 , pp. 12-32(21)

Publisher: Australian Academic Press

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Abstract:

This article reviews the "rights" versus "access to treatment" debate in mental health law and policy. It asks, among other things, whether contemporary policy is compatible with civil rights standards, whether community-based care is adequate and "fair", and whether it is well placed to cope with present and future challenges (such as privatisation of services, reduced visibility of need and neglect, populist campaigns against public "risk" allegedly posed by certain personality disorders, and access and equity needs within cultural diversity). It is concluded that legislation and policy passes international human rights scrutiny, but it is argued that debate urgently needs to move on to craft the content (and monitor the performance) of new instruments; instruments better attuned to the community-based care needs of contemporary postmodern society. The paper challenges the air of complacency in this area, as evidenced by neglect of attention to the use and monitoring of community treatment orders, the lack of techniques for protection of citizens interests within a privatised state, and the absence of answers to the steady erosion in state resourcing and services.

Document Type: Research article

DOI: http://dx.doi.org/10.1375/132187103322299854

Affiliations: 1: University of Sydney, Australia

Publication date: 2003-08-01

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