Community-based care and compulsion: what role for human rights?
This article considers the role of traditional conceptions of human rights in relation to the challenges posed by community treatment orders (CTOs). It explores how traditional rights discourse in mental health, which has focused on the rights of liberty and autonomy, is to be located within the landscape of community-based mental health law. Using jurisprudence arising under the European Convention on Human Rights, it identifies the limitations of traditional rights in this context. However, it argues that traditional concepts such as liberty and privacy still have a role to play.
Law Faculty, University College Cork, Ireland. m.donnelly@ucc.ie
Mary
M
Donnelly
D001315:Australia; D003156:Community Mental Health Services / Q000331:legislation & jurisprudence*; D006806:Human Rights; D006801:Humans; D037141:Mandatory Programs / Q000331:legislation & jurisprudence*; D028642:Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*