Legislation
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A Case of Two Acts – the Rights of the Severely Mentally Ill and Forced Feeding
The case of Re: Langham & Ors [2005] QSC 127 reads like a case of simple statutory construction. However, its implications run very deep. The decision has far reaching impacts on the way the Mental Health Act 2000 (Qld) (“the MH Act”) will operate in cases involving forced feeding, or, as it is technically known, artificial hydration and nutrition (ANH). It will also have the effect that the safe-guards contained in the Guardianship and Administration Act 2000 (Qld) (“the GA act”) will not operate to protect the rights of the severely mentally ill in situations involving consent to health care.
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Contributor: Qld Alliance |
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Criminalising Illness?
The Department of Corrective Services (DCS) announced a review of the Corrective Services Act 2000 late last year and has released thirteen separate issues papers for consultation with key stakeholders. In all these documents there is little specific mention of the needs of people with mental illness, despite the very high prevalence of people with mental illness in prison.
The attached submission to the DCS legislative review asserts that the Queensland Alliance believes it is important for there to be a place of consequence for those who commit serious crimes. However, the culture and purpose of prison should be about rehabilitation and addressing the underlying causes of offending. Correctional cultures – based on the experiences of people from the system – appear focused on punishment, control and the breaking of spirit. This approach to prisons produces brutalised, dehumanised individuals and so reduces community safety. The Queensland Alliance suggests most people with mental illness should not be in jail, because: - There are viable alternatives to prison which produce better outcomes for individuals and safer communities; - Prison produces negative outcomes for individuals – incarceration worsens mental health; - People with mental illness need health care and social support, not punishment – the therapeutic environment required to deal with mental illness is in direct conflict with a prison environment focused on punishment; - Prison produces frustrated or brutalised individuals who are released to the community with little preparation or support - this reduces community safety; - Incarceration does not operate in practice as a deterrent and has a centuries long history of failure in reducing crime. |
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Contributor: Qld Alliance |
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New UN Treaty Supports Rights of Persons with Disabilities
After five years of negotiations, the Convention on the Rights of Persons with Disabilities was adopted by the UN General Assembly on December 13 2006.
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Contributor: Queensland Alliance |
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WHO Resource Book on Mental Health, Human Rights and Legislation
The World Health Organisation recently released the WHO Resource Book on Mental Health, Human Rights and Legislation. People with mental disorders throughout the world face discrimination and human rights violations both in mental health facilities and in the community. The development of mental health legislation that promotes and protects the rights of people with mental disorders is a critical step in correcting these problems. The WHO Resource Book provides:
Information on international human rights standards and norms related to people with mental disorders, practical guidance on what needs to go into a mental health law, and strategies for developing and adopting mental health law as well as ensuring its effective implementation. Website: Click here for a WHO fact sheet on mental health, human rights and legislation |
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Contributor: Qld Alliance |
