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International Human Rights and Mental Disability Law

International Human Rights and Mental Disability Law Author Michael L. Perlin
ISBN-10 9780195393231
Release 2011-08-29
Pages 339
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International Human Rights and Mental Disability Law: When the Silenced are Heard draws attention to these issues in order to shed light on deplorable conditions that governments continue to ignore, and to invigorate the debate on a social policy issue that remains a low priority for most of the world's nations. Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems. Using examples from Western and Eastern Europe, South America, Africa and Asia, Perlin examines and summarizes the growing field of international mental health law, arguing that governmental inaction demeans human dignity, denies personal autonomy, and disregards the most authoritative and comprehensive prescription of human rights obligations.



Managing Fear

Managing Fear Author Bernadette McSherry
ISBN-10 9781136215179
Release 2013-10-23
Pages 242
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Managing Fear examines the growing use of risk assessment as it relates to preventive detention and supervision schemes for offenders perceived to be at a high risk of re-offending, individuals with severe mental illness, and suspected terrorists. It outlines a number of legislative regimes in common law countries that have broadened ‘civil’ (as opposed to criminal) powers of detention and supervision. Drawing on the disciplines of criminology and social psychology, it explores how and why such schemes reflect a move towards curtailing liberty before harm results rather than after a crime has occurred. Human rights and ethical issues concerning the role of mental health practitioners in assessing risk for the purposes of preventive detention and supervision are explored, and regimes that require evidence from mental health practitioners are compared with those that rely on decision-makers’ notions of ‘reasonable belief’ concerning the risk of harm. Case studies are used to exemplify some of the issues relating to how governments have attempted to manage the fear of future harm. This book aims to educate mental health practitioners in the law relating to preventive detention and supervision schemes and how the legal requirements differ from clinical assessment practices; examine the reasons why there has been a recent renewal of preventive detention and supervision schemes in common law countries; provide a comparative overview of existing preventive detention and supervision schemes; and analyse the human rights implications and the ethics of using forensic risk assessment techniques for preventive detention and supervision schemes.



New Law and Ethics in Mental Health Advance Directives

New Law and Ethics in Mental Health Advance Directives Author Penelope Weller
ISBN-10 9780415532945
Release 2013
Pages 184
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The recognition of positive rights and the growing impact of human rights principles has recently orchestrated a number of reforms in mental health law, bringing increasing entitlement to an array of health services. In this book, Penelope Weller considers the relationship between human rights and mental health law, and the changing attitudes which have led to the recognition of a right to demand treatment internationally. Weller discusses the ability of those with mental health problems to use advance directives to make a choice about what treatment they receive in the future, should they still be unable to decide for themselves. Focusing on new perspectives offered by the Conventions on the Rights of Persons with Disabilities (CRPD), Weller explores mental health law from a variety of international perspectives including: Canada, Australia, New Zealand and the United Kingdom, where policies differ depending on whether you are in England and Wales, or Scotland. These case studies indicate how human rights perspectives are shifting mental health law from a constricted focus upon treatment refusal, towards a recognition of positive rights. The book covers topics including: refusing treatment new approaches in human rights international perspectives in mental health law the right to demand treatment. The text will appeal to legal and mental health professionals as well as academics studying mental health law, and policy makers.



Human Rights Law and Regulating Freedom of Expression in New Media

Human Rights Law and Regulating Freedom of Expression in New Media Author Mart Susi
ISBN-10 9781351017572
Release 2018-04-17
Pages 210
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The Nordic countries are well known globally for their high human rights standards and, at the same time, high degree of internet freedom. This edited collection reveals how the Nordic countries have succeeded in the task of protecting freedom of expression in the new media. It contains an overview of public policy choices and best practices of domestic online companies, which have the aspiration of finding global acceptance. Reviewing the topic of freedom of expression in new media within Nordic and Baltic countries, this book incorporates both general themes and interesting country-specific themes that will provide wider knowledge on the development of freedom of expression and media law in the online media era. A comprehensive analysis of regulation of online media, both at the level of legislation and application of law in courts and other authorities, are included. This book will contribute to the ongoing discussion as to whether there is a need to modify prevailing interpretation of freedom of expression. Human Rights Law and Regulating Freedom of Expression in New Media focuses on the multi-layered and complicated relationship between internet and human rights law. It contributes to the ongoing discussion regarding the protection of freedom of expression on the internet in the context of various doctrines of constitutional law, including the proliferation of constitutional adjudication. It will be of interest to researchers, academics, policymakers, and students in the fields of human rights law, internet law, political science, sociology, cultural studies, media and communications studies and technology.



The Legal Protection of Women From Violence

The Legal Protection of Women From Violence Author Rashida Manjoo
ISBN-10 9781351732833
Release 2018-04-06
Pages 228
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Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.



China Cultural Heritage and International Law

China  Cultural Heritage  and International Law Author Hui Zhong
ISBN-10 9781351605694
Release 2017-11-27
Pages 206
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China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.



Showdown

Showdown Author Wil Haygood
ISBN-10 9780307957191
Release 2015
Pages 404
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"The author of The Butler presents a revelatory biography of the first African-American Supreme Court justice--one of the giants of the civil rights movement, and one of the most transforming Supreme Court justices of the 20th century, "--Novelist.



Listening to Killers

Listening to Killers Author James Garbarino
ISBN-10 9780520958746
Release 2015-03-12
Pages 324
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Listening to Killers offers an inside look at twenty years' worth of murder files from Dr. James Garbarino, a leading expert psychological witness who listens to killers so that he can testify in court. The author offers detailed accounts of how killers travel a path that leads from childhood innocence to lethal violence in adolescence or adulthood. He places the emotional and moral damage of each individual killer within a larger scientific framework of social, psychological, anthropological, and biological research on human development. By linking individual cases to broad social and cultural issues and illustrating the social toxicity and unresolved trauma that drive some people to kill, Dr. Garbarino highlights the humanity we share with killers and the role of understanding and empathy in breaking the cycle of violence.



The War Against Boys

The War Against Boys Author Christina Hoff Sommers
ISBN-10 9781501125423
Release 2015-09-01
Pages 288
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An updated and revised edition of the controversial classic--now more relevant than ever--argues that boys are the ones languishing socially and academically, resulting in staggering social and economic costs. Girls and women were once second-class citizens in the nation's schools. Americans responded w ith concerted efforts to give girls and women the attention and assistance that was long overdue. Now, after two major waves of feminism and decades of policy reform, women have made massive strides in education. Today they outperform men in nearly every measure of social, academic, and vocational well-being. Christina Hoff Sommers contends that it's time to take a hard look at present-day realities and recognize that boys need help. Called "provocative and controversial . . . impassioned and articulate" ("The Christian Science M"onitor), this edition of "The War Against Boys" offers a new preface and six radically revised chapters, plus updates on the current status of boys throughout the book. Sommers argues that the problem of male underachievement is persistent and worsening. Among the new topics Sommers tackles: how the war against boys is harming our economic future, and how boy-averse trends such as the decline of recess and zero-tolerance disciplinary policies have turned our schools into hostile environments for boys. As our schools become more feelings-centered, risk-averse, competition-free, and sedentary, they move further and further from the characteristic needs of boys. She offers realistic, achievable solutions to these problems that include boy-friendly pedagogy, character and vocational education, and the choice of single-sex classrooms. "The War Against Boys" is an incisive, rigorous, and heartfelt argument in favor of recognizing and confronting a new reality: boys are languishing in education and the price of continued neglect is economically and socially prohibitive.



Global Perspectives on Legal Capacity Reform

Global Perspectives on Legal Capacity Reform Author Eilionóir Flynn
ISBN-10 1138298913
Release 2018
Pages 264
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This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers' experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.



Law Palliative Care and Dying

Law  Palliative Care and Dying Author John Lombard
ISBN-10 9781351716727
Release 2018-05-16
Pages 262
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Law, Palliative Care and Dying critically examines the role of the legal framework in shaping the boundaries of palliative care practice. The work underlines the importance of a distinct legal framework for specialist palliative care which can provide clarity for both the healthcare professional and the patient. It examines the legal and ethical justifications for specialist palliative care practices and, in doing so, it questions the legitimacy of the distinction between euthanasia and practices such as palliative sedation. Moreover, this work discusses the influence of a human rights discourse on palliative care and examines the contribution of autonomy, dignity, and the right to palliative care. This book includes detailed comparative research on several European jurisdictions. The jurisdictions illustrate varied approaches to palliative care regulation and promotion. In this manner, the role of professional guidelines and legislation are drawn out and common themes in the regulation of palliative care emerge.



Human rights in Europe no grounds for complacency

Human rights in Europe  no grounds for complacency Author
ISBN-10 9789287177773
Release 2013-04-01
Pages 370
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Political rhetoric on human rights in Europe is different from daily reality. Almost every politician is on record as favouring the protection of freedom and justice. Standards on human rights have been agreed at European and international level; many have been integrated into national law; but they are not consistently enforced. There is an implementation gap.It is this implementation gap that this book seeks to address. It is built on a compilation of separate "viewpoints" or articles which Thomas Hammarberg has written, and later updated, since beginning his mandate as Council of Europe Commissioner for Human Rights in April 2006. He has now visited almost all of the 47 member states of the Council of Europe. On each visit he has met victims of violations of human rights and their families, leading politicians, prosecutors, judges, ombudsmen, religious leaders, journalists and civil society representatives as well as inmates of prisons and other institutions, law enforcement personnel and others. The "viewpoints" written on the basis of these many visits summarise his reflections, conclusions and recommendations.



Mental Health in a Multi ethnic Society

Mental Health in a Multi ethnic Society Author Suman Fernando
ISBN-10 0415105366
Release 1995
Pages 235
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A thought-provoking handbook for practitioners, students and trainers in the mental health field. Addresses controversial issues and offers revealing insights and intelligent suggestions for all those involved with mental health.



Psychology of Liberation

Psychology of Liberation Author Maritza Montero
ISBN-10 0387857842
Release 2009-04-28
Pages 303
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Since the mid-1980s, the psychology of liberation movement has been a catalyst for collective and individual change in communities throughout Latin America, and beyond; and recent political developments are making its powerful, transformative ideas more relevant than ever before. Psychology of Liberation: Theory and Applications updates the activist frameworks developed by Ignacio Martin-Baro and Paulo Freire with compelling stories from the frontlines of conflict in the developing and developed worlds, as social science and psychological practice are allied with struggles for peace, justice, and equality. In these chapters, liberation is presented as both an ongoing process and a core dimension of wellbeing, entailing the reconstruction of social identity and the transformation of all parties involved, both oppressed and oppressors. It also expands the social consciousness of professionals, bringing more profound meaning to practice and enhancing related areas such as peace psychology, as shown in articles such as these: Philippines: the role of liberation movements in the transition to democracy. Venezuela: liberation psychology as a therapeutic intervention with street youth. South Africa: the movement for representational knowledge. Muslim world: religion, the state, and the gendering of human rights. Ireland: linking personal and political development. Australia: addressing issues of racism, identity, and immigration. Colombia: building cultures of peace from the devastation of war. Psychology of Liberation demonstrates the commitment to overcome social injustices and oppression. The book is a critical resource for social and community psychologists as well as policy analysts. It can also be used as a text for graduate courses in psychology, sociology, social work and community studies.



Madness and Civilization

Madness and Civilization Author Michel Foucault
ISBN-10 9780307833105
Release 2013-01-30
Pages 320
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Michel Foucault examines the archeology of madness in the West from 1500 to 1800 - from the late Middle Ages, when insanity was still considered part of everyday life and fools and lunatics walked the streets freely, to the time when such people began to be considered a threat, asylums were first built, and walls were erected between the "insane" and the rest of humanity.



Fatherless America

Fatherless America Author David Blankenhorn
ISBN-10 9780060926830
Release 1996-01-05
Pages 336
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A compelling and controversial exploration of absentee fathers and their impact on the nation.



Mental Disability and the Death Penalty

Mental Disability and the Death Penalty Author Michael L. Perlin
ISBN-10 9781442200562
Release 2013
Pages 283
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Michael Perlin shows how the administration of the death penalty deprives persons with mental disabilities of their constitutional rights, and how trial courts and prosecutors consciously flaunt the law. Using real life examples, he brings this often overlooked situation to light and calls for immediate change.