MENTAL HEALTH LEGISLATION QUESTIONS WITH VERIFIED ANSWERS
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MENTAL HEALTH LEGISLATION
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MENTAL HEALTH LEGISLATION
MENTAL HEALTH LEGISLATION
Basics of the emergency detention certificate (EDC) - Answer-
Why is there legislation that allows for involuntary treatment for mental illness? - Answer-It allows for treatment of a small group of patients who are severely unwell and have lost touch with reality (ps...
convention on the rights of persons with disabilit
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MENTAL HEALTH LEGISLATION
MENTAL HEALTH LEGISLATION
MENTAL HEALTH LEGISLATION
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MENTAL HEALTH LEGISLATION
Basics of the emergency detention certificate (EDC) - Answer-
Why is there legislation that allows for involuntary treatment for mental illness? -
Answer-It allows for treatment of a small group of patients who are severely unwell
and have lost touch with reality (psychotic) and are a risk to themselves or others to
have access to treatment that they otherwise would not be able to get
It provides a legal mechanism to authorise treatment for patients that otherwise
would not be able to access it
What are the generally criticisms of involuntary treatment? - Answer-It is seen as ill-
liberal
It may be poorly compatible with international human rights norms
It is unnecessary for most patients
It is counterproductive for some patients
There are practical problems in administering treatments
What human rights norms can involuntary treatment be poorly compatible with? -
Answer-European Convention on Human Rights / Human Rights Act/ Scotland Act
Universal Declaration of Human Rights (United Nations)
Convention on the Rights of Persons with Disabilities (United Nations)
What are the ethical criticisms of involuntary treatment? - Answer-It may be seen to
go against the 4 ethical principles
- Non-maledicence
- Autonomy (liberty)
- Paternalism (ignores the patients view's)
- Non-discrimination (physical vs. mental illness)
Ethical justifications of involuntary treatment - Answer-Beneficence (including
reducing risk)
Autonomy (may promote reasoned autonomy due to a reduction in symptoms)
Right-to-treatment (even if the patient doesn't recognise that they are unwell)?
Views of the patient are taken into account as much as possible e.g. via advanced
directives
, Mental health legislation acts in the UK - Answer-Scotland = Mental Health (Care
and Treatment) (Scotland) Act 2003 (MHA)
England and Wales = Mental Health Act 1983 (amended by MHA 2007)
Northern Ireland = Mental Health (Northern Ireland) Order 1986
What is the purpose of mental health law? - Answer-Gives the power to provide
compulsory care and treatment for people with a mental disorder
Ensures there are rights and safeguards to make sure those powers are used
appropriately
Places duties on NHS boards and local authorities to provide a wide range of
services for people with a mental health disorder
10 (Millan) principles of the MHA Scotland that guide everything that is done under
the legislation - Answer-Non-discirmination
Equality
Respect for diversity
Reciprocity (resources and treatment provided in a way that would be expected)
Informal care (preferred over the use of the legislation)
Participation (patients should participate in any way they can - may require modified
information, etc.)
Respect for carers
Least restrictive alternative (intervention required should provide the minimum
restriction necessary)
Benefit
Child welfare
What does the MHA define mental disorder as? - Answer-Any mental illness,
personality disorder or learning disability; however caused or manifested
Things that if alone, do not qualify as an individual having a mental disorder -
Answer-Sexual orientation
Sexual deviancy
Transsexualism
Transvestism
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