UCC Law Faculty to Host Mental Health Law Conference
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UCC Law Faculty to Host Mental Health Law Conference
25.02.2010

Mental Health Law will be the focus of a conference taking place at UCC tomorrow (Friday, February 26th 2010). The event is hosted by The Faculty of Law, UCC and the Mental Health Lawyers Association.

The conference will be followed by the launch of a new book on Mental Health Law and Practice by Dr Darius Whelan.  The guest speaker at the launch will be Dr Mary Henry, former independent Senator. 

Speaking in advance of the conference, Ms Áine Hynes, Solicitor, said that the coming into force of the Mental Health Act 2001 in November 2006 marked a watershed in mental health law and practice in Ireland. “Patients detained in psychiatric hospitals are now automatically entitled to have a legal representative and to have an independent review of their detention to ensure that it is lawful. The 2001 Act goes some way to bringing Ireland in line with its obligations under the European Convention on Human Rights.”

Dr Mary Donnelly identified concerns regarding the extent of protection afforded to the human rights of patients in approved centres in relation both to treatment provision and living conditions.  She argued that more account needs to be taken of human rights concerns in respect of 'voluntary' patients (as well as of patients who are involuntarily detained).  She also argued that compliance with the European Convention on Human Rights imposes positive obligations on the State to provide a higher degree of protection for the human rights of all patients in psychiatric facilities in respect of both treatment and living conditions and that the State may be in breach of its obligations in this regard. 

Mr Diarmaid Ring, Mental Health Service User and Activist, said “it is important for the legal profession within mental health to look at the human and social costs of legislation and the importance of interactive debate with all stakeholders.”  Mr Michael Lynn, Barrister at Law, commented:  “The protection of patients' rights is at the core of the Mental Health Act 2001 so the presumption by the courts that it should be viewed as paternalistic in nature is maybe misplaced.”

Ms Patricia Rickard-Clarke of the Law Reform Commission said: “while the Mental Health Act 2001 enshrines the general principle that the consent of a patient is required for treatment, there are difficulties where a patient lacks the mental capacity to make decisions either to give consent for treatment or to decide to become a voluntary patient.  The need for modern capacity legislation to interface with the mental health legislation is urgent.”  A Scheme for a Mental Capacity Bill was published in 2008 and she looks forward to the Mental Capacity Bill which is due for publication in the current Dáil session.

Further details of the conference may be found at  http://www.ucc.ie/en/lawsite/eventsandnews/events/mentalh2010/

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