Human rights promotion and the ‘Geneva impasse’ in mental healthcare: scoping review
Background The World Psychiatric Association recently emphasised that the protection of human rights in mental healthcare was a ‘central concern’. This paper examines recent literature on human rights and mental healthcare. Aims To (a) outline how international human rights law distinguishes betwee...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2023-05-01
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| Series: | BJPsych Open |
| Subjects: | |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2056472423000509/type/journal_article |
| _version_ | 1797849024032669696 |
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| author | Bernadette McSherry Piers Gooding Yvette Maker |
| author_facet | Bernadette McSherry Piers Gooding Yvette Maker |
| author_sort | Bernadette McSherry |
| collection | DOAJ |
| description | Background
The World Psychiatric Association recently emphasised that the protection of human rights in mental healthcare was a ‘central concern’. This paper examines recent literature on human rights and mental healthcare.
Aims
To (a) outline how international human rights law distinguishes between the protection and promotion of human rights; and (b) explore the literature on promoting human rights in mental healthcare which avoids what has been termed the ‘Geneva impasse’ between those who argue that compulsory care and treatment can never comply with human rights law and those who argue that they can if certain conditions are met.
Method
The following doctrinal methodology was used: (a) identification and detailed analysis of international human rights conventions and commentaries; (b) identification of key literature on human rights and mental healthcare; and (c) critical analysis of key issues emerging from the literature.
Results
Much of the literature on human rights and mental healthcare focuses on whether restrictions on compulsory care are required to meet the requirements of United Nations Conventions. There is an emerging literature identifying measures to promote the right to the enjoyment of the highest attainable standard of mental health.
Conclusions
There has been a focus on protecting the rights to liberty and equality before the law for mental health patients. The nascent literature on promoting human rights in mental healthcare could mark a way forward beyond the ‘Geneva impasse’ that has dominated public debate in recent years.
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| first_indexed | 2024-04-09T18:37:08Z |
| format | Article |
| id | doaj.art-300806826e7e423a9d05efe4f4c8684e |
| institution | Directory Open Access Journal |
| issn | 2056-4724 |
| language | English |
| last_indexed | 2024-04-09T18:37:08Z |
| publishDate | 2023-05-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | BJPsych Open |
| spelling | doaj.art-300806826e7e423a9d05efe4f4c8684e2023-04-11T07:12:00ZengCambridge University PressBJPsych Open2056-47242023-05-01910.1192/bjo.2023.50Human rights promotion and the ‘Geneva impasse’ in mental healthcare: scoping reviewBernadette McSherry0https://orcid.org/0000-0002-2575-0110Piers Gooding1Yvette Maker2Melbourne Law School, University of Melbourne, Carlton, AustraliaMelbourne Law School, University of Melbourne, Carlton, AustraliaFaculty of Law, University of Tasmania, Hobart, AustraliaBackground The World Psychiatric Association recently emphasised that the protection of human rights in mental healthcare was a ‘central concern’. This paper examines recent literature on human rights and mental healthcare. Aims To (a) outline how international human rights law distinguishes between the protection and promotion of human rights; and (b) explore the literature on promoting human rights in mental healthcare which avoids what has been termed the ‘Geneva impasse’ between those who argue that compulsory care and treatment can never comply with human rights law and those who argue that they can if certain conditions are met. Method The following doctrinal methodology was used: (a) identification and detailed analysis of international human rights conventions and commentaries; (b) identification of key literature on human rights and mental healthcare; and (c) critical analysis of key issues emerging from the literature. Results Much of the literature on human rights and mental healthcare focuses on whether restrictions on compulsory care are required to meet the requirements of United Nations Conventions. There is an emerging literature identifying measures to promote the right to the enjoyment of the highest attainable standard of mental health. Conclusions There has been a focus on protecting the rights to liberty and equality before the law for mental health patients. The nascent literature on promoting human rights in mental healthcare could mark a way forward beyond the ‘Geneva impasse’ that has dominated public debate in recent years. https://www.cambridge.org/core/product/identifier/S2056472423000509/type/journal_articleHuman rightsConvention on the Rights of Persons with Disabilitiescompulsory treatmentcoercionpositive and negative rights |
| spellingShingle | Bernadette McSherry Piers Gooding Yvette Maker Human rights promotion and the ‘Geneva impasse’ in mental healthcare: scoping review BJPsych Open Human rights Convention on the Rights of Persons with Disabilities compulsory treatment coercion positive and negative rights |
| title | Human rights promotion and the ‘Geneva impasse’ in mental healthcare: scoping review |
| title_full | Human rights promotion and the ‘Geneva impasse’ in mental healthcare: scoping review |
| title_fullStr | Human rights promotion and the ‘Geneva impasse’ in mental healthcare: scoping review |
| title_full_unstemmed | Human rights promotion and the ‘Geneva impasse’ in mental healthcare: scoping review |
| title_short | Human rights promotion and the ‘Geneva impasse’ in mental healthcare: scoping review |
| title_sort | human rights promotion and the geneva impasse in mental healthcare scoping review |
| topic | Human rights Convention on the Rights of Persons with Disabilities compulsory treatment coercion positive and negative rights |
| url | https://www.cambridge.org/core/product/identifier/S2056472423000509/type/journal_article |
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