Increasing the Participation of Persons with Mental Illness in Mental Health Treatment Decision-Making
Date
2021
Authors
Peukert, Susan Elizabeth
Editors
Advisors
Richards, Bernadette
Stubbs, Matthew
Stubbs, Matthew
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Thesis
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Abstract
For too long the voices of persons with mental illness have been marginalised. These persons have been sidelined and unable to meaningfully participate in mental health treatment decision-making. This thesis answers the pivotal question of how we can increase the participation of involuntarily treated persons in the mental health treatment decision-making process. To achieve this goal, a participatory model of decision-making support is developed. If adopted, the model will empower persons with mental illness to make their own decisions with legal effect through the provision of supported decision-making and recognition of their will and preferences. Law reform is needed to realise the changes proposed. The participatory model developed promotes respect for the rights of persons with mental illness. These rights arise from bioethical principles of autonomy, justice, non-maleficence and beneficence, and article 12 of the Convention on the Rights of Persons with Disabilities (‘CRPD’). These principles give rise to the four key themes which provide a framework of analysis throughout this thesis: autonomy, supported decision-making, will and preferences and the protection of the rights of persons with mental illness. The participatory model is built on this framework of analysis to evaluate a continuum of approaches to mental health law, ranging from traditional mental health legislation through to emerging progressive approaches. The participatory model draws on international best practice to create a model that promotes decision-making support and the recognition of the will and preferences of individuals, while focusing on the promotion of their rights and their ability to make autonomous decisions where practicable. The model developed is consistent with the spirit of the CRPD. It represents a path forward whereby persons with mental illness and their supporters can more greatly participate in the mental health treatment decision-making process. This means that some persons who might otherwise be treated involuntarily will be supported to the degree that they are able, to participate in decisions surrounding their treatment in collaboration with their treating psychiatrist and supporters. This will allow persons with mental illness to build their mental capacity to the point where they may be treated voluntarily. It is hoped that this model will lead to mental health law reform to realise its recommendations. This would enable persons with mental illness to have their rights respected and to be able to participate to a greater extent in the mental health treatment decision-making process when being treated involuntarily.
School/Discipline
Adelaide Law School
Dissertation Note
Thesis (Ph.D.) -- University of Adelaide, Adelaide Law School, 2021
Provenance
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