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15 December 2023 / Laura Davidson
Issue: 8053 / Categories: Features , Mental health
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The mental health paradigm

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Laura Davidson asks if new UN guidance could topple compulsory detention & enforced medical treatment
  • Covers guidance issued by the World Health Organisation and the UN Office of the High Commissioner for Human Rights.
  • Suggests it may help end practices of coercion and compulsory treatment, and could have a stronger impact than international human rights law.

A quarter of a century ago, the UK ratified the UN Convention on the Rights of Persons with Disabilities (CRPD). It prohibits discrimination, including against those with ‘mental… [or] intellectual impairments’ (Art 1). Despite being binding, global compliance remains patchy. However, all psychiatric coercion—compulsory hospitalisation, physical and chemical restraint, seclusion and segregation—is discriminatory and hence unlawful.

The European Court of Human Rights deems psychiatric force lawful if necessary and proportionate, the least restrictive option and a last resort. The UK’s 40-year-old Mental Health Act 1983 (MHA 1983) permits coercion to protect someone’s health or safety, or others (s 2(2) and s 3(2)). Restraint (which may cause death) and seclusion (a recognised form of torture)

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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