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Key Elements of Mental Health Law Reform: A Clinical Perspective Brendan Kelly

This article explores the key deficits and necessary reforms in mental health law from a clinical perspective, focusing on promoting rights, protecting vulnerable groups, and improving the justice system. It also discusses the impact on patients, families, and healthcare professionals, as well as suggestions for increasing observance of human rights.

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Key Elements of Mental Health Law Reform: A Clinical Perspective Brendan Kelly

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  1. Key Elements of Mental Health Law Reform: A Clinical Perspective Brendan Kelly Mater Misericordiae University Hospital University College Dublin

  2. Ireland meets 80 out of 166 standards (48.2%) Chief deficits Promoting rights Rights of families and carers Voluntary patients Vulnerable groups Economic and social rights Capacity legislation

  3. Arrangement-focussed view of justice Realization-focussed view of justice

  4. n = 81 recently detained individuals Treatment was beneficial 78% Knew they had been detained 86% Tribunal made this easier to accept 46% Negative impact on family relationships 28% Negative impact on doctor-patient relationship 27%

  5. n = 820 GPs Not user-friendly 63% Increased workload 27%

  6. n = 321 psychiatrists Training was satisfactory 84% Increased workload 69% Decreased time with service-users 27% Changes in relationships with service-users 41% ….more legalistic, conflicted relationships

  7. Re-define “voluntary patient” Strengthen “best interests” dimension Introduce cumulative tribunal “case-law” Reduce legalism Broaden criteria for Circuit Court appeal …“approved mental health professionals”? Mental capacity legislation...

  8. Best ways to increase observance of human rights of the mentally ill: Social policy Mental health policy Mental health law

  9. Kelly BD Penrose’s Law in Ireland: Ecological Analysis of Psychiatric Inpatients and Prisoners, 1963-2003. Irish Medical Journal 2007; 100: 373-4

  10. Best ways to increase observance of human rights of the mentally ill: Social policy Mental health policy Mental health law

  11. “Medicine is a social science, and politics nothing but medicine at a larger scale” Rudolf Virchow (1821-1902)

  12. Key Elements of Mental Health Law Reform: A Clinical Perspective Brendan Kelly Mater Misericordiae University Hospital University College Dublin brendankelly35@gmail.com

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