Compulsory Outpatient Treatment and the Calculus of Human Rights
Dawson, John
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Cite this item:
2010, ‘Compulsory Outpatient Treatment and the Calculus of Human Rights’, in Rethinking Rights-Based Mental Health Laws, J Dawson, in B McSherry and P Weller ed, Oxford: Hart Publishing, 327-354 (England).
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/8916
Abstract:
This article considers whether it is a breach of human rights principles to treat patients involuntarily under a community treatment order (CTO) regime who do not pose an imminent threat of serious harm to themselves or others. The author argues that human rights principles would require the release from a CTO of a person in this situation on some occasions, but not others. The article reviews the central human rights principles that apply to CTOs and analyses the main powers over patients that these orders confer. It concludes that, when considering whether to extend the CTO of a patient, the decision should strike a fair balance between protecting the patient’s rights and recognising important justifications for their limitation.
Date:
2010
Editor:
McSherry, B; Weller, P
Publisher:
Hart Publishing
Pages:
327-354
Keywords:
Mental health; Human rights; Health law; Psychology
Research Type:
Chapter in Book
Languages:
English
Collections
- Book Chapter [109]
- Law Collection [511]