• Australas Psychiatry · Apr 2020

    Review

    Human rights implications of introducing a new mental health act - principles, challenges and opportunities.

    • Neeraj S Gill, John A Allan, Belinda Clark, and Alan Rosen.
    • Gold Coast Hospital and Health Service, Australia.
    • Australas Psychiatry. 2020 Apr 1; 28 (2): 167-170.

    ObjectiveThe United Nations Convention on the Rights of Persons with Disabilities (CRPD), 2006 has influenced the evolution of mental health legislation to protect and promote human rights of individuals with mental illness. This review introduces how the human rights agenda can be systematised into mental health services. Exploration is made of how some principles of CRPD have been incorporated into Queensland's Mental Health Act 2016.ConclusionAlthough progress has been made in some areas, e.g. heavier reliance on capacity assessment and new supported decision-making mechanisms, MHA 2016 has continued to focus on involuntary treatment. A Human Rights Act 2019 has been passed by the Queensland parliament, which may fill in the gap by strengthening positive rights.

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