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Medical treatment under Part IV of the Mental Health Act 1983 and the Human Rights Act 1998: review of Article 3 and 8 case law

  • Martin J. R. Curtice (a1)
Abstract

Since the introduction of the Human Rights Act 1998, all courts and tribunals are obliged to interpret all laws and statute consistently and compatibly with the Human Rights Act. This includes the Mental Health Act 1983 (and the 2007 amendments) and mental health review tribunals. Mental health case law has evolved with regard to medical treatment under Part IV (Consent to Treatment) of the Mental Health Act being compliant with the Human Rights Act. Review and analysis of such case law can aide everyday clinical decision-making as well as improving knowledge of the Human Rights Act.

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Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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Jones, R. M. (2006) Mental Health Act Manual (10th edn). Sweet & Maxwell.
Mental Health Act Commission (2004) Guidance for Responsible Medical Officers Following the PS Case. MHAC (http://www.mhac.org.uk/files/05%20Guidance%20for%20responsible%20Medical%20Officers%20following%20the%20PS%20case.pdf).
Office of Public Sector Information (1998) Human Rights Act 1998 Chapter 42. The Stationery Office (http://www.opsi.gov.uk/ACTS/acts1998/ukpga_19980042_en_1).
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BJPsych Bulletin
  • ISSN: 0955-6036
  • EISSN: 1472-1473
  • URL: /core/journals/bjpsych-bulletin
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Medical treatment under Part IV of the Mental Health Act 1983 and the Human Rights Act 1998: review of Article 3 and 8 case law

  • Martin J. R. Curtice (a1)
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