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Outputs (35)

Reforming the Deprivation of Liberty Safeguards (DOLS): what is it exactly that we want? (2014)
Journal Article
Bartlett, P. (2014). Reforming the Deprivation of Liberty Safeguards (DOLS): what is it exactly that we want?

The Deprivation of Liberty Safeguards (DOLS) are the rules by which people who lack mental capacity can be deprived of liberty, most commonly in care homes or hospitals but also in supported accommodation and in the community more broadly. The prese... Read More about Reforming the Deprivation of Liberty Safeguards (DOLS): what is it exactly that we want?.

Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005 (2014)
Journal Article
Bartlett, P. (2014). Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005

The House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005 reported on 13 March 2014. This paper considers the findings and recommendations of the Committee, and in particular its two key recommendations – the establishme... Read More about Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005.

Implementing a paradigm shift: implementing the Convention on the Rights of Persons with Disabilities in the context of mental disability law (2014)
Book Chapter
Bartlett, P. (2014). Implementing a paradigm shift: implementing the Convention on the Rights of Persons with Disabilities in the context of mental disability law. In Torture in healthcare settings: reflections on the Special Rapporteur on Torture’s 2013 Thematic Report. Centre for Human Rights and Humanitarian Law, American University Washington College of Law

The passage of the CRPD in 2006 promises a paradigm shift in the rights of people with disabilities. Implementing this paradigm shift is a major undertaking requiring the involvement of a wide range of stakeholders. The required reforms extend acro... Read More about Implementing a paradigm shift: implementing the Convention on the Rights of Persons with Disabilities in the context of mental disability law.

Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment (2012)
Book Chapter
Bartlett, P. (2012). Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment. In E. Brems (Ed.), Diversity and human rights: rewriting judgments of the ECHR (352-381). Cambridge University Press

This chapter forms part of a E Brems (ed.), Diversity and Human Rights: Rewriting Judgments of the ECHR (Cambridge: CUP, forthcoming 2013), in which lawyers and academics re-write judgments of the ECHR in a number of human rights areas.

This cha... Read More about Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment.

The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law (2012)
Journal Article
Bartlett, P. (2012). The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law. Modern Law Review, 75(5), https://doi.org/10.1111/j.1468-2230.2012.00923.x

The United Nations Convention on the Rights of Persons with Disability (CRPD) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of English mental health and mental capa... Read More about The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law.

A mental disorder of a kind or degree warranting confinement: examining justifications for psychiatric detention (2012)
Journal Article
Bartlett, P. (2012). A mental disorder of a kind or degree warranting confinement: examining justifications for psychiatric detention. International Journal of Human Rights, 16(6), https://doi.org/10.1080/13642987.2012.706008

It has long been the case in jurisprudence under the European Convention on Human Rights that mental disorder must be of a certain severity in order to justify detention,
but there has been little meaningful debate as to what that means. The questio... Read More about A mental disorder of a kind or degree warranting confinement: examining justifications for psychiatric detention.

‘Appropriate’ medical treatment: what’s in a word? (2012)
Journal Article
Phull, J., & Bartlett, P. (2012). ‘Appropriate’ medical treatment: what’s in a word?. Medicine, Science and the Law, https://doi.org/10.1258/msl.2011.011023

Following the amendments in the 2007 Act, there were several revisions made focusing largely on community treatment orders and deprivation of liberty of persons lacking capacity. One of the amendments included a requirement that ‘appropriate treatmen... Read More about ‘Appropriate’ medical treatment: what’s in a word?.

'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983 (2011)
Journal Article
Bartlett, P. (2011). 'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983. Medical Law Review, 19(4), https://doi.org/10.1093/medlaw/fwr025

Current English law has few controls on the involuntary treatment of persons detained under the Mental Health Act 1983. In 2001, R (Wilkinson)v. Broadmoor Special Hospital Authority provided some hope that, in conjunction with the Human Rights Act an... Read More about 'The necessity must be convincingly shown to exist': standards for compulsory treatment for mental disorder under the Mental Health Act 1983.