Mental Health Law Online: Annual Review 2012

Nevertheless, a number of concerns remain. The MHA fails to address involuntary out-patient treatment and involuntary admission for assessment, neither of which is permitted.

Concern has also been expressed by psychiatrists with respect to the adversarial nature and timing of tribunals, which may take place as the patient is about to be discharged, and their potential for disrupting normal clinical activities, which can all impact negatively on the therapeutic relationship Jabbar et al , , p. The European Committee for the Prevention of Torture , pp. Finally, neither the MHA nor subsequent legislation, such as the Health Act , provides a legislative framework for planning or covers all elements of the provision of mental health services, such as the delivery of community mental health services or accountability for mental health expenditure Amnesty International, , p.

National Center for Biotechnology Information , U. Anna Datta 1 and Justin Frewen 2. Author information Copyright and License information Disclaimer. This article has been cited by other articles in PMC. Abstract This article provides a brief overview of the legislation that has been enacted in Ireland with respect to mental health, in particular the Mental Health Act.

Background The Mental Treatment Act MTA was introduced in the Republic of Ireland in in response to strong public and professional pressure for mental health service reform and the introduction of involuntary admission procedures similar to those introduced in and in the UK and Northern Ireland, respectively Kelly, , pp.

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The Mental Health Act As the 20th century drew to a close, with growing recognition of the human rights of people with mental illness, pressure grew for new legislation Nwachukwu et al , , pp. Involuntary detention The primary objective of the MHA was to reform the process of involuntary detention and to provide protection for involuntarily detained patients Kelly, , p.

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For an individual to be admitted involuntarily under the MHA: With respect to involuntary detention, the MHC: Discussion First, it should be acknowledged that the MHA was a positive step towards developing an Irish mental health service that protects the human rights of service users, both voluntary and involuntary.

References Amnesty International Legislating for Change: Law Times Office, Volumes 38 2 - 43 1 are Lawyer's and Magistrate's Magazine.

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