Book contents
- Mental Health, Legal Capacity, and Human Rights
- Mental Health, Legal Capacity, and Human Rights
- Copyright page
- Contents
- Figures
- Tables
- Boxes
- Contributors
- Preface
- Foreword
- Introduction A “Paradigm Shift” in Mental Health Care
- 1 The Alchemy of Agency: Reflections on Supported Decision-Making, the Right to Health and Health Systems as Democratic Institutions
- 2 Redefining International Mental Health Care in the Wake of the COVID-19 Pandemic
- 3 Reparation for Psychiatric Violence: A Call to Justice
- 4 Divergent Human Rights Approaches to Capacity and Consent
- 5 From Pipe Dream to Reality: A Practical Legal Approach Towards the Global Abolition of Psychiatric Coercion
- 6 The ‘Fusion Law’ Proposals and the CRPD
- 7 Contextualising Legal Capacity and Supported Decision Making in the Global South Experiences: of Homeless Women with Mental Health Issues from Chennai, India
- 8 The Potential of the Legal Capacity Law Reform in Peru to Transform Mental Health Provision
- 9 Advancing Disability Equality Through Supported Decision-Making: The CRPD and the Canadian Constitution
- 10 Decisional Autonomy and India’s Mental Healthcare Act, 2017: A Comment on Emerging Jurisprudence
- 11 Towards Resolving Damaging Uncertainties: Progress in the United Kingdom and Elsewhere
- 12 ‘The Revolution Will Not Be Televised’: Recent Developments in Mental Health Law Reform in Zambia and Ghana
- 13 Supported Decision-Making and Legal Capacity in Kenya
- 14 Seher’s “Circle of Care” Model in Advancing Supported Decision Making in India
- 15 The Swedish Personal Ombudsman: Support in Decision-Making and Accessing Human Rights
- 16 Strategies to Achieve a Rights-Based Approach through WHO QualityRights
- 17 The Clubhouse Model: A Framework for Naturally Occurring Supported Decision Making
- 18 Mind the Gap: Researching ‘Alternatives to Coercion’ in Mental Health Care
- 19 Psychiatric Advance Directives and Supported Decision-Making: Preliminary Developments and Pilot Studies in California
- 20 Community-Based Mental Health Care Delivery with Partners In Health: A Framework for Putting the CRPD into Practice
- 21 Lived Experience Perspectives from Australia, Canada, Kenya, Cameroon and South Africa – Conceptualising the Realities
- 22 In the Pursuit of Justice: Advocacy by and for Hyper-marginalized People with Psychosocial Disabilities through the Law and Beyond
- 23 The Danish Experience of Transforming Decision-Making Models
- 24 The Use of Patient Advocates in Supporting People with Psychosocial Disabilities
- 25 Users’ Involvement in Decision-Making: Lessons from Primary Research in India and Japan
- 26 Involvement of People with Lived Experience of Mental Health Conditions in Decision-Making to Improve Care in Rural Ethiopia
- References
14 - Seher’s “Circle of Care” Model in Advancing Supported Decision Making in India
Published online by Cambridge University Press: 20 August 2021
Book contents
- Mental Health, Legal Capacity, and Human Rights
- Mental Health, Legal Capacity, and Human Rights
- Copyright page
- Contents
- Figures
- Tables
- Boxes
- Contributors
- Preface
- Foreword
- Introduction A “Paradigm Shift” in Mental Health Care
- 1 The Alchemy of Agency: Reflections on Supported Decision-Making, the Right to Health and Health Systems as Democratic Institutions
- 2 Redefining International Mental Health Care in the Wake of the COVID-19 Pandemic
- 3 Reparation for Psychiatric Violence: A Call to Justice
- 4 Divergent Human Rights Approaches to Capacity and Consent
- 5 From Pipe Dream to Reality: A Practical Legal Approach Towards the Global Abolition of Psychiatric Coercion
- 6 The ‘Fusion Law’ Proposals and the CRPD
- 7 Contextualising Legal Capacity and Supported Decision Making in the Global South Experiences: of Homeless Women with Mental Health Issues from Chennai, India
- 8 The Potential of the Legal Capacity Law Reform in Peru to Transform Mental Health Provision
- 9 Advancing Disability Equality Through Supported Decision-Making: The CRPD and the Canadian Constitution
- 10 Decisional Autonomy and India’s Mental Healthcare Act, 2017: A Comment on Emerging Jurisprudence
- 11 Towards Resolving Damaging Uncertainties: Progress in the United Kingdom and Elsewhere
- 12 ‘The Revolution Will Not Be Televised’: Recent Developments in Mental Health Law Reform in Zambia and Ghana
- 13 Supported Decision-Making and Legal Capacity in Kenya
- 14 Seher’s “Circle of Care” Model in Advancing Supported Decision Making in India
- 15 The Swedish Personal Ombudsman: Support in Decision-Making and Accessing Human Rights
- 16 Strategies to Achieve a Rights-Based Approach through WHO QualityRights
- 17 The Clubhouse Model: A Framework for Naturally Occurring Supported Decision Making
- 18 Mind the Gap: Researching ‘Alternatives to Coercion’ in Mental Health Care
- 19 Psychiatric Advance Directives and Supported Decision-Making: Preliminary Developments and Pilot Studies in California
- 20 Community-Based Mental Health Care Delivery with Partners In Health: A Framework for Putting the CRPD into Practice
- 21 Lived Experience Perspectives from Australia, Canada, Kenya, Cameroon and South Africa – Conceptualising the Realities
- 22 In the Pursuit of Justice: Advocacy by and for Hyper-marginalized People with Psychosocial Disabilities through the Law and Beyond
- 23 The Danish Experience of Transforming Decision-Making Models
- 24 The Use of Patient Advocates in Supporting People with Psychosocial Disabilities
- 25 Users’ Involvement in Decision-Making: Lessons from Primary Research in India and Japan
- 26 Involvement of People with Lived Experience of Mental Health Conditions in Decision-Making to Improve Care in Rural Ethiopia
- References
Summary
The Convention on the Rights of Persons with Disabilities (CRPD) is seen by the disability movement as the foundation for inclusion and for enabling independent living for persons with psychosocial disabilities. Acknowledging the need for legal reforms to realize supported decision making (SDM), this paper focuses more on the role of communities for supporting a person with psychosocial disabilities in decision making about various aspects of life. The chapter describes the design of Seher, working in low-income communities of Pune, India, as a model in the practice of inclusive community mental health. The “Circle of Care” practice within Seher is provided as illustrative of developing community support networks based on a person’s will and preference to foster inclusive actions in the community and to support the person in decision making. SDM however is not an all encompassing, or the one and only solution in terms of full human rights realization. All articles of the CRPD are relevant.
- Type
- Chapter
- Information
- Mental Health, Legal Capacity, and Human Rights , pp. 213 - 229Publisher: Cambridge University PressPrint publication year: 2021
References
Aggar, C., Thomas, T., Gordon, C. et al. (2020). Social prescribing for individuals living with mental illness in an Australian community setting: A pilot study. Community Mental Health Journal, 57, 189–195. https://doi.org/10.1007/s10597-020-00631-6Google Scholar
Anthony, W. A. (1993). Recovery from mental illness: The guiding vision of the mental health service system in the 1990s. Psychosocial Rehabilitation Journal, 16(4), 11–23.Google Scholar
Bayetti, C., Jadhav, S. & Jain, S. (2016). The re-covering self: A critique of the recovery-based approach in India’s mental health care. Disability and the Global South, 3(1), 889–909.Google Scholar
Beusenberg, M., Orley, John, H. & World Health Organization. Division of Mental Health. (1994). A User’s Guide to the Self Reporting Questionnaire. Geneva: World Health Organization.Google Scholar
Bracken, P. Thomas, P., Timimi, S. et al. (2012). Psychiatry beyond the current paradigm. The British Journal of Psychiatry 201, 430–434. https://doi.org/10.1192/bjp.bp.112.109447Google Scholar
Burchardt, T. (2004). Capabilities and disability: The capabilities framework and the social model of disability. Disability & Society 19(7), 735–751. https://doi.org/10.1080/0968759042000284213.Google Scholar
Das, A. & Rao, M. (2012). Universal mental health: Re-evaluating the call for global mental health. Critical Public Health, 22(4), 383–389. https://doi.org/10.1080/09581596.2012.700393Google Scholar
Davar, B. V. & Lohokare, M. (2009).Recovering from psychosocial traumas: The place of dargahs in Maharashtra. Economic & Political Weekly, 44(16), 60–67.Google Scholar
Davar, B. V. (2014). Globalizing psychiatry and the case of ‘vanishing’ alternatives in a neo-colonial state. Disability and the Global South, 1(2), 266–284.Google Scholar
Davar, B. V. (2015). Delivering Justice, Withdrawing Care. In Davar, B. V. & Ravindran, S., eds. Gendering Mental Health: Knowledges, Identities, Institutions. New Delhi: Oxford University Press.Google Scholar
De Vos, C. M. (2007). Mind the gap: Purpose, pain, and the difference between torture and inhuman treatment. Human Rights Brief, 14(2), (2007): 4–10.Google Scholar
Devandas, C. (2018). Report of the Special Rapporteur on the rights of persons with disabilities – Legal capacity. A/HRC/37/56 adopted in the 37th Session of the Human Rights Council, Geneva, 2018.Google Scholar
Gooding, P., Mc Sherry, B., Roper, C. & Grey, F. (2018) Alternatives to Coercion in Mental Health Settings: A Literature Review. Melbourne: Melbourne Social Equity Institute, University of Melbourne.Google Scholar
Gupta, S., de Witte, L. P. & Meershoek, A. (2020). Dimensions of invisibility: insights into the daily realities of persons with disabilities living in rural communities in India. Disability & Society. https://doi.org/10.1080/09687599.2020.1788509Google Scholar
Harpur, P. (2012). Embracing the new disability rights paradigm: The importance of the Convention on the Rights of Persons with Disabilities. Disability & Society, 27(1), 1–14. https://10.1080/09687599.2012.631794Google Scholar
Inclusion International (2012). Inclusive Communities = Stronger Communities. Global report on Article 19: The Right to Live and Be Included in the Communities. London: Inclusion International.Google Scholar
Jain, S. & Jadhav, S. (2009). Pills that swallow policy: Clinical ethnography of a Community Mental Health Program in northern India. Transcultural Psychiatry, 46(1), 60–85.Google Scholar
Kamundia, E. (2013). Choice, support and inclusion: Implementing Article 19 of the Convention on the Rights of persons with disabilities in Kenya. African Disability Rights Yearbook, Pretoria University Law Press, 1, 49–72.Google Scholar
McKenzie, K. & Harpham, T. (2006). Social Capital and Mental Health. London: Jessica Kingsley Publishers.Google Scholar
McKenzie, K., Whitley, R. & Weich, S. (2002). Social capital and mental health. British Journal of Psychiatry, 181(4), 280–3. https://doi.org/10.1192/bjp.181.4.280Google Scholar
Melzer, N. (2019). Torture and other cruel, inhuman or degrading treatment or punishment. Report of the UN Special Rapporteur on Torture. Geneva. Adopted in the 40th Session of the Human Rights Council. A/HRC/40/59.Google Scholar
Melzer, N. (2020). Torture and other cruel, inhuman or degrading treatment or punishment. Report of the UN Special Rapporteur on Torture. Geneva. Adopted in the 43rd Session of the Human Rights Council. A/HRC/43/49.Google Scholar
Mills, C. & Fernando, S. (2014). Globalising mental health or pathologising the Global South? Mapping the ethics, theory and practice of global mental health. Disability and the Global South, 1(2), 188–202.Google Scholar
Minkowitz, T. (2017). CRPD and transformative equality. International Journal of Law in Context. 13, 77–86. https://doi.org/10.1017/S1744552316000483.Google Scholar
Patel, V. & Farmer, P. (2020). The art of medicine. The moral case for global mental health delivery. The Lancet, 395, 108–9.Google Scholar
Puras, D. (2020). ‘Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health’, adopted in the 44th Session of the Human Rights Council, Geneva, 2020. A/HRC/44/48Google Scholar
Puras, D. (2017). ‘Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health’, adopted in the 35th Session of the Human Rights Council, Geneva, 2017. A/HRC/35/21Google Scholar
Series, L. (2015). The development of disability rights under international law: From charity to human rights. Disability & Society, 30(10), 1590–1593. https://doi.org./10.1080/09687599.2015.1066975Google Scholar
Szmukler, G. (2020). Involuntary detention and treatment: Are we edging toward a “paradigm shift”? Schizophrenia bulletin, 46(2). https://doi.org/10.1093/schbul/sbz115.Google Scholar
TCI (2018). The Bali Declaration. Transforming Communities for Inclusion of persons with psychosocial disabilities – Asia Pacific. Pune, India. Accessed at www.tci-asia.org/bali-declaration/.Google Scholar
Topor, A., Bøe, T. D. & Larsen, I.B. (2018). Small things, micro-affirmations and helpful professionals: Everyday recovery-orientated practices according to persons with mental health problems. Community Mental Health Journal, 54, 1212–1220. https://doi-org.ezproxy.library.ubc.ca/10.1007/s10597-018-0245–9Google Scholar
Wigand, M., Orzechowski, M., Nowak, M. et al. (2020). Schizophrenia, human rights and access to health care: A systematic search and review of judgments by the European Court of Human Rights. International Journal of Social Psychiatry. https://doi.org/002076402094279.10.1177/0020764020942797Google Scholar
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