Thursday, 18 October 2007

Mental Health & Human Rights: Challenges for Law and Practice

Posted below are details of a seminar to be hosted by the Centre for Criminal Justice and Human Rights, Faculty of Law, UCC on human rights implications of mental health law. Please circulate this to all those who you think might be interested and to any students, practitioners or researchers who may wish to attend. The seminar should of equal interest to lawyers and mental health and welfare professionals and students. Please RSVP as soon as possible to d.appelbe@ucc.ie
Full details are available here

5.30 Registration; Tea/Coffee
6.00 p.m.
• Welcome and Introduction: Professor Caroline Fennell, Dean of the Faculty and Head of the Department of Law, U.C.C.
• Seminar Chair: Dr. Edmond O'Dea, Chairman, Mental Health Commission
• Keynote address: Dr. Jimmy Devins, T.D., Minister of State with responsibility for Disability and Mental Health
• Dr. Darius Whelan (Faculty of Law, U.C.C.) - ‘European Human Rights Standards in the Mental Health Act 2001 and the Criminal Law (Insanity) Act 2006’


This paper will discuss the compatibility of the Mental Health Act 2001 and the Criminal Law (Insanity) Act 2006 with the European Convention on Human Rights. It will consider issues relating to the powers and structure of Mental Health Tribunals and the Mental Health (Criminal Law) Review Board. The primary focus will be on Articles 5 and 6 of the ECHR and case-law such as Winterwerp v Netherlands, Johnson v UK and L.R. v France.


• Ms. Áine Hynes (Roger Greene & Sons, Solicitors, Dublin) - ‘The Mental Health Act 2001 in Practice: a Legal Representative’s Viewpoint’

• Dr. Mary Donnelly (Faculty of Law, U.C.C.) - ‘Treatment for Mental Disorders and Protection of Patients’ Rights’


This paper considers a range of human rights issues arising in the context of treatment for a mental disorder. Its focus is not just on patients who have been compulsorily detained under the Mental Health Act 2001and who come under the treatment framework set out in the MHA but also on those patients in psychiatric facilities (the vast majority) whose treatment is not covered by the MHA and which, currently is subject to the most minimal legal oversight.

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