Download or read book Critical Perspectives on Coercive Interventions written by Claire Spivakovsky and published by Routledge. This book was released on 2018-05-11 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service ‘consumers’ and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society’s most vulnerable citizens in the names of ‘justice’ and ‘treatment’. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field.

Download or read book Restrictive Practices in Health Care and Disability Settings written by Bernadette McSherry and published by Routledge. This book was released on 2020-12-14 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as physical, mechanical and chemical restraint. They also explore the importance of factors such as organisational culture and staff training to the effective implementation of regulatory regimes. In doing so, the collection provides a solid evidence base for both the development and implementation of effective approaches to restrictive practices that focus on their reduction and, ultimately, their elimination across health care sectors. Divided into five parts, the volume covers new ground in multiple respects. First, it addresses the use of restrictive practices across mental health, disability and aged care settings, creating opportunities for new insights and interdisciplinary conversations across traditionally siloed sectors. Second, it includes contributions from research academics, clinicians, regulators and mental health consumers, offering a rich and comprehensive picture of existing regulatory regimes and options for designing and implementing regulatory approaches that address the failings of current systems. Finally, it incorporates comparative perspectives from Australia, New Zealand, the Netherlands, Germany and England. The book is an invaluable resource for regulators, policymakers, lawyers, clinicians, consumer advocates and academics grappling with the use and regulation of restrictive practices in mental health, disability and aged care contexts.

Download or read book Normality and Disability written by Gerard Goggin and published by Routledge. This book was released on 2018-12-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hotly contested, normality remains a powerful, complex category in contemporary law and culture. What is little realized are the ways in which disability underpins and shapes the operation of norms and the power dynamics of normalization. This pioneering collection explores the place of law in political, social, scientific and biomedical developments relating to disability and other categories of ‘abnormality’. The contributors show how law produces cultural meanings, norms, representations, artefacts and expressions of disability, abnormality and normality, as well as how law responds to and is constituted by cultures of disability. The collection traverses a range of contemporary legal and political issues including human rights, mercy killing, reproductive technologies, hate crime, policing, immigration and disability housing. It also explores the impact and ongoing legacies of historical practices such as eugenics and deinstitutionalization. Of interest to a wide range of scholars working on normality and law, the book also creates an opening for critical scholars and activists engaged with other marginalized and denigrated categories, notably contesting institutional violence in the context of settler colonialism, neoliberalism and imperialism, to engage more richly and politically with disability. This book was originally published as a special issue of the Continuum journal.

Download or read book The Legacies of Institutionalisation written by Claire Spivakovsky and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first collection to examine the legal dynamics of deinstitutionalisation. It considers the extent to which some contemporary laws, policies and practices affecting people with disabilities are moving towards the promised end point of enhanced social and political participation in the community, while others may instead reinstate, continue or legitimate historical practices associated with this population's institutionalisation. Bringing together 20 contributors from the UK, Canada, Australia, Spain and Indonesia, the book speaks to overarching themes of segregation and inequality, interlocking forms of oppression and rights-based advancements in law, policy and practice. Ultimately this collection brings forth the possibilities, limits and contradictions in the roles of law and policy in processes of institutionalisation and deinstitutionalisation, and directs us towards a more nuanced and sustained scholarly and political engagement with these issues.

Download or read book Disability Hate Speech written by Mark Sherry and published by Routledge. This book was released on 2019-11-08 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the first to specifically focus on disability hate speech, explains what disability hate speech is, why it is important, what laws regulate it (both online and in person) and how it is different from other forms of hate. Unfortunately, disability is often ignored or overlooked in academic, legal, political, and cultural analyses of the broader problem of hate speech. Its unique personal, ideological, economic, political and legal dimensions have not been recognized – until now. Disability hate speech is an everyday experience for many people, leaving terrible psycho-emotional scars. This book includes personal testimonies from victims discussing the personal impact of disability hate speech, explaining in detail how such hatred affects them. It also presents legal, historical, psychological, and cultural analyses, including the results of the first surveys and in-depth interviews ever conducted on this topic in some countries. This book makes a vital contribution to understanding disability hatred and prejudice, and will be of particular interest to those studying issues associated with hate speech, disability, psychology, law, and prejudice.

Download or read book The Routledge Handbook of Disability and Sexuality written by Russell Shuttleworth and published by Routledge. This book was released on 2020-12-29 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a much-needed holistic overview of disability and sexuality research and scholarship. With authors from a wide range of disciplines and representing a diversity of nationalities, it provides a multi-perspectival view that fully captures the diversity of issues and outlooks. Organised into six parts, the contributors explore long-standing issues such as the psychological, interpersonal, social, political and cultural barriers to sexual access that disabled people face and their struggle for sexual rights and participation. The volume also engages issues that have been on the periphery of the discourse, such as sexual accommodations and support aimed at facilitating disabled people's sexual well-being; the socio-sexual tensions confronting disabled people with intersecting stigmatised identities such as LGBTBI or asexual; and the sexual concerns of disabled people in the Global South. It interrogates disability and sexuality from diverse perspectives, from more traditional psychological and sociological models, to various subversive and post-theoretical perspectives and queer theory. This handbook examines the cutting-edge, and sometimes ethically contentious, concerns that have been repressed in the field. With current, international and comprehensive content, this book is essential reading for students, academics and researchers in the areas of disability, gender and sexuality, as well as applied disciplines such as healthcare practitioners, counsellors, psychology trainees and social workers.

Download or read book Disability Criminal Justice and Law written by Linda Steele and published by Routledge. This book was released on 2020-04-29 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through theoretical and empirical examination of legal frameworks for court diversion, this book interrogates law’s complicity in the debilitation of disabled people. In a post-deinstitutionalisation era, diverting disabled people from criminal justice systems and into mental health and disability services is considered therapeutic, humane and socially just. Yet, by drawing on Foucauldian theory of biopolitics, critical legal and political theory and critical disability theory, Steele argues that court diversion continues disability oppression. It can facilitate criminalisation, control and punishment of disabled people who are not sentenced and might not even be convicted of any criminal offences. On a broader level, court diversion contributes to the longstanding phenomenon of disability-specific coercive intervention, legitimates prison incarceration and shores up the boundaries of foundational legal concepts at the core of jurisdiction, legal personhood and sovereignty. Steele shows that the United Nations Convention on the Rights of Persons with Disabilities cannot respond to the complexities of court diversion, suggesting the CRPD is of limited use in contesting carceral control and legal and settler colonial violence. The book not only offers new ways to understand relationships between disability, criminal justice and law; it also proposes theoretical and practical strategies that contribute to the development of a wider re-imagining of a more progressive and just socio-legal order. The book will be of interest to scholars and students of disability law, criminal law, medical law, socio-legal studies, disability studies, social work and criminology. It will also be of interest to disability, prisoner and social justice activists.

Download or read book Rural Victims of Crime written by Rachel Hale and published by Taylor & Francis. This book was released on 2022-12-30 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rural Victims of Crime offers a pioneering sustained assessment of ‘the rural victim’. It does so by examining and analysing the conceptual constructs of a victim and challenging the urban bias of victimisation and victimology in criminological study. Indeed, far too much criminological scholarship is based on the false assumption that rural areas are relatively crime free – and thus free, too, of victims. Providing international perspectives, chapters in this edited collection focus centrally on notions of place and space, and constructions of rural victims in a variety of contexts, exploring the impact that geographic location has on the type and prevalence of victimisation. The concept of victimisation is often considered in terms of interpersonal relationships between humans, neglecting the potent impact of victimisation of non-humans and the natural and built environment. Rural Victims of Crime discusses existing notions of victimology in relation to non-human subjects, broadening conceptualisations of the victim and associated impacts resulting from victimisation. Structured in three parts, Rural Victims of Crime conceptualises the rural victim, enhances understanding of the realities of rural victimisation and considers both formal and informal responses to rural victimisation. Chapters are accompanied by practical, contemporary case studies to connect theory with praxis. This book is an essential and valuable resource for academics, students and practitioners alike in the fields of criminology, criminal justice, rural studies, victimology, geography, sociology and spatiality.

Download or read book Towards Human Rights Compliance in Australian Prisons written by Anita Mackay and published by ANU Press. This book was released on 2020-11-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imprisoned people have always been vulnerable and in need of human rights protections. The slow but steady growth in the protection of imprisoned people’s rights over recent decades in Australia has mostly come from incremental change to prison legislation and common law principles. A radical influence is about to disrupt this slow change. Australian prisons and other closed environments will soon be subject to international inspections by the United Nations Subcommittee on the Prevention of Torture (SPT). This is because the Australian Government ratified the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in December 2017. Australia’s international human rights law obligations as they apply to prisons are complex and stem from multiple Treaties. This book distils these obligations into five prerequisites for compliance, consistent with the preventive focus of the OPCAT. They are: reduce reliance on imprisonment align domestic legislation with Australia’s international human rights law obligations shift the focus of imprisonment to the goal of rehabilitation and restoration support prison staff to treat imprisoned people in a human rights–consistent manner ensure decent physical conditions in all prisons. Attention to each of these five areas will help all levels of Australian government and prison managers take the steps required to move towards compliance. Human-rights led prison reform is necessary both to improve the lives of imprisoned people and for Australia to achieve compliance with the international human rights legal obligations to which it has voluntarily committed itself.

Download or read book Australia s Engagement with Economic and Social Rights written by Russell Solomon and published by Springer Nature. This book was released on 2021-04-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.

Download or read book The Evolving Role of the Public Prosecutor written by Victoria Colvin and published by Routledge. This book was released on 2018-09-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.

Download or read book Human Rights and Incarceration written by Elizabeth Stanley and published by Springer. This book was released on 2018-08-09 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or ‘non-citizens’. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.

Download or read book Psychiatric Ethics written by Sidney Bloch and published by Oxford University Press. This book was released on 2021-01-05 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethical issues inherent in psychiatric research and clinical practice are invariably complex and multi-faceted. Well-reasoned ethical decision-making is essential to deal effectively with patients and promote optimal patient care. Drawing on the positive reception of Psychiatric Ethics since its first publication in 1981, this highly anticipated 5th edition offers psychiatrists and other mental health professionals a coherent guide to dealing with the diverse ethical issues that challenge them. This edition has been substantially updated to reflect the many changes that have occurred in the field during the past decade. Its 25 chapters are grouped into three sections which cover: 1) clinical practice in child and adolescent psychiatry, consultation-liaison psychiatry, psychogeriatrics, community psychiatry and forensic psychiatry; 2) relevant basic sciences such as neuroethics and genetics; and 3) philosophical and social contexts including the history of ethics in psychiatry and the nature of professionalism. Principal aspects of clinical practice in general, such as confidentiality, boundary violations, and involuntary treatment, are covered comprehensively as is a new chapter on diagnosis. Given the contributors' expertise in their respective fields, Psychiatric Ethics will undoubtedly continue to serve as a significant resource for all mental health professionals, whatever the role they play in psychiatry. It will also benefit students of moral philosophy in their professional pursuits.

Download or read book Practical Justice Principles Practice and Social Change written by Peter Aggleton and published by Routledge. This book was released on 2019-03-26 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume engages with questions of justice and equality, and how these can be achieved in modern society. It explores how theory and research can inform policy and practice to bring about real change in people’s lives, helping readers understand and interrogate patterns and causes of inequality, while investigating how these might be remedied. Chapters outline ways in which theories of justice inform and are factored into effective actions, programmes and interventions. The book includes an international selection of case studies. These range from global inequalities in development and health to cross-border conflict; from gender justice to disability violence; from child protection to disability-inclusive research; from illicit drug use to torture prevention; and from prison wellbeing to sexual and reproductive health and rights. Together, contributors explore: how social science and humanities scholarship can lead to a better understanding of, and capacity to respond to, key social issues and problems the importance of normative reflection and a concern for principles of justice in pursuit of social change the importance of community voice and grassroots action in the pursuit of justice, equity and equality. Envisioning a better world – in which concern for the just treatment of all trumps the pursuit of privilege and inequality – Practical Justice: Principles, Practice and Social Change will appeal to students and academics in disciplines as diverse as philosophy, political science, sociology, anthropology, geography and education, and in fields such as policy studies, criminology, healthcare, social work and social welfare.

Download or read book Population Control written by Jen Rinaldi and published by McGill-Queen's Press - MQUP. This book was released on 2023-11-15 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence is an inescapable through-line across the experiences of institutional residents regardless of facility type, historical period, regional location, government or staff in power, or type of population. Population Control explores the relational conditions that give rise to institutional violence – whether in residential schools, internment camps, or correctional or psychiatric facilities. This violence is not dependent on any particular space, but on underlying patterns of institutionalization that can spill over into community settings even as Canada closes many of its large-scale facilities. Contributors to the collection argue that there is a logic across community settings that claim to provide care for unruly populations: a logic of institutional violence, which involves a deep entanglement of both loathing and care. This loathing signals a devaluation of the institutionalized and leaves certain populations vulnerable to state intervention under the guise of care. When that offer of care is polluted by loathing, however, there comes along with it an unavoidable and socially prescribed violence. Offering a series of case studies in the Canadian context – from historical asylums and laundries for “fallen women” to contemporary prisons, group homes, and emergency shelters – Population Control understands institutional violence as a unique and predictable social phenomenon, and makes inroads toward preventing its reoccurrence.

Download or read book Inclusive Sustainability written by Ottavio Quirico and published by Springer Nature. This book was released on 2022-05-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the third-generation concept of ‘inclusive sustainability’, the volume explores the architecture of global disability governance and its degree of harmonisation. The book integrates socio-cultural, economic, political and legal analyses from an international and comparative perspective. The first part of the volume outlines a tripartite systematisation of disability rights for States and non-state persons. In light of essential economic considerations, the second part explores the relationship between disability and specific fundamental rights and regimes, particularly the rights to life, health, education, work and participation. The third part takes an institutional approach and focuses on the way in which the UN and regional organisations regulate disability (rectius, different ability).

Download or read book The Palgrave Handbook of Education Law for Schools written by Karen Trimmer and published by Springer. This book was released on 2018-06-30 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook examines the essential nature of the law within an educational context and asks why there is not greater preparation for this aspect of a teacher’s role. Principals and teachers across the world now work in increasingly uncertain and challenging environments involving complex legislative frameworks, with their roles and responsibilities constantly changing to meet these demands: thus, it is imperative that educators adapt and acquire new skills relating to child protection and criminal law. On a daily basis, teachers and practitioners are being challenged to critically examine and evaluate the legal rights and obligations of various stakeholders, including students, parents, educators and administrators. However, if these skills are not developed, the implications will be significant: particularly so if principals are deterred from pursuing innovative education strategies due to potential litigation risks. Consequently, the chapters will empower principals and teachers in the management of these concerns. This wide-ranging handbook, including case studies from around the world, will be of interest and value to both scholars of education law and practitioners.