(영문) 영국 정신 보건법 상 대리 동의에 대한 critical analysis
- 최초 등록일
- 2024.04.08
- 최종 저작일
- 2022.04
- 19페이지/ 어도비 PDF
- 가격 5,000원
목차
1. Introduction
2. UN CRPD
3. Part IV of the MHA
4. Substitute decision-making and compulsory treatment under the MHA
5. Conclusion
6. Bibliography
본문내용
Introduction
As the importance of the respect for the fundamental human rights emerged in treating individuals with mental illness, mental disability law in England has gradually integrated the civil rights aspect since the early 20th century.
1 The shift towards the right-based approach became evident in the Mental Health Act 1983 (MHA), 2 particularly in Part IV, where the consent to treatment related provisions are introduced to protect people who are subject to this Act from treatment against their will.
3 Despite several reforms and amendments, however, the MHA still remains vulnerable to criticisms from the humanitarian perspective because this statute provides legal grounds on which the refusal by patients with decision-making capacity can be overridden and compulsive treatment can be justified under the principle of medical necessity, thereby posing a threat to patients’ autonomy, dignity and physical as well as mental integrity.
참고 자료
없음