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Convention Compliance, Public Safety, and the Social Inclusion of Mentally Disordered People

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Abstract:

The first part of this paper considers the impact of the HRA 1998 in the courts, and the application of Articles 3, 5, and 8 in relation to psychiatric detention, treatment without consent, and seclusion. The second part looks at its effect on the discourse of law reform. Here a key theme is the way Convention compliance has been used by the government to justify measures that will lead to a broadening of the scope of compulsory powers and a reduction in psychiatric service users’ rights.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-6478.2005.316_1.x

Affiliations: Cardiff Law School, Cardiff University, Museum Avenue, Cardiff CF1 3NX, Wales

Publication date: March 1, 2005

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