Accessing Justice through Mental Health Law Reform in the Pacific

$210.00

Helen J. Ménard, PhD
Legal Consultant, Picnic Bay, Queensland, Australia

Series: Human Rights: Background and Issues
BISAC: POL035010

Much of the mental health legislation in the Pacific region is archaic, pays no attention to the rights of mental health consumers and is long overdue for reform. A small number of countries in the Pacific has recently undertaken such reform. This work analyses the provisions of past and present mental health statutes in selected Pacific countries to establish, firstly, whether the new legislation has prima facie created or improved pathways for access to justice for mental health consumers and, secondly, whether these pathways offer any practical benefit for those subject to involuntary detention. The research is based on field work involving interviews and correspondences with mental health professionals, court officials, law reformers, lawyers and other professionals in the Pacific region. (Imprint: Nova)

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Table of Contents

Figures and Tables

Preface

Acknowledgements

Abbreviations

Part I: Background and Context

Chapter 1. Introduction

Chapter 2. Mental Health in the Pacific

Chapter 3. International Influences on Mental Health Law

Part II: Mental Health Law and Policy in the Pacific

Chapter 4. The Legal Landscape in Mental Health

Chapter 5. Tonga

Chapter 6. Samoa

Chapter 7. Fiji

Chapter 8. Vanuatu

Part III: Access to Justice and its Challenges in the Pacific

Chapter 9. Access to Justice

Chapter 10. Accessing Justice in Mental Health

Chapter 11. Impediments to Accessing Justice through Mental Health Law Reform – Society and Culture

Chapter 12. Impediments to Accessing Justice through Mental Health Law Reform – Human Rights

Chapter 13. Impediments to Accessing Justice through Mental Health Law Reform – Resources and Policy

Part IV: Conclusion

Bibliography

Annexes

About the Author

Legislation and Treaties Index

Cases Index

General Index


Those for whom this work would be of most interest include mental health policy makers, law reformers, legislative drafters and researchers both in a mental health setting as well as the broader human rights framework. This would include not only those groups in the Pacific but also Australia and New Zealand and other countries who provide substantial amounts of financial aid for capacity building and policy development in the Pacific region.

It would also have relevance to mental health professionals (both health service providers and lawyers), academics and post graduate researchers in mental health law and policy and human rights and disability law in general. The work would also be significant at both a regional level where the literature and research is sparse and at an international level in developing countries with similar political infrastructures and socio-cultural issues.

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