LBC V. Anor (2013)

Individuals with a mental illness enter a mental health court as it reduces the number of clients with mental illnesses in the criminal justice system, reduces stigma and stereotypical judgement in court, and reduces the number of clients with mental illnesses in prisons and jails. Although the judge does sentence the client, the client does still retain rights: The right to refuse treatments, the right to proper care and documentation, the right to be informed of all available medical treatments, and most importantly, the right to be treated with dignity as a human being. The court demonstrated that the client’s rights were addressed by offering the client the opportunity to voice his concerns, and by acknowledging his views on his condition. Even though the client did not think he needed help, the nurse and case manager were concerned about his hallucination, eating patterns, and lack of stability. They did not believe that an outpatient setting would work for this client as he was not stable, did not have clear insight, and retained a lack of resources. Barrier to care, for the mental health in general, include: lack of resource, knowledge deficits, stigma, financial barriers, and lack of mental health care professionals. Overall, this experience offered me to opportunity to perceive how a Mental Health Court functions and differs from the traditional court room, in relation to client goals,

Police officers including approximately six armed members of the “Special Emergency Response Team” forcibly entered the appellants’ (Bulsey & Anor) house. Bulsey was taken from his bed, placed on the floor, handcuffed and dragged out to the street and later charged with riotous assembly and destruction of a building. In subsequent committal proceedings, the respondent conceded it did not have a case against the first appellant. He was discharged. Bulsey (the first appellant) sued the respondent for damages for trespass to the person (assault, battery and false imprisonment). Anor (the second appellant) sued the respondent for damages for assault and false imprisonment. The trial judge dismissed the appellants’ claims with costs, with judgments in favour of the respondent.

An independent mental capacity advocate is not the decision maker in the individuals’ life, even though they had to be referred to an advocate under The Mental Capacity Act 2005. However the decision maker does have a responsibility to take into account the information specified to them by the independent

Outcome 1 Understand the legislation and policies that support the human rights ind inclusion of individuals with learning disabilities

Disabled children and young people have the same right, as non-disabled children and young people to participate in decisions and issues that affect them. This is outlined in both the UN Convention on the Rights of Children (UNCRC) and in the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Despite this, disabled children and young people continue to face significant barriers and challenges to participation.

Mental health courts are courts specifically dedicated to offering an alternative option to incarceration for the mentally ill offenders by providing treatment options. The idea of mental health courts is noble, one should not view only the benefits but also the possible detrimental impacts they could have on the public before providing funding. One can only make an informed decision on the merits of mental health courts funding when they weigh the benefits recidivism rates, public safety, equality for the mentally ill against the detrimental effects such as reintegrating convicts back into society, promotion of medicalization of deviance, and the possible unnecessary arrests.

The health and social care act 2001 says that there is an importance to involve and to consult service users/ patients which can help shape and create their own care plans. Which can result in more and more individuals who are suffering from a mental health issue/ problem can access the services as they won’t feel like they are being discriminated against. The mental capacity act 2005 and the mental health act 2007 says that the reason behind involving service users is to overcome some initial barriers of the more traditional services and this was outlined in some of the current developments that are happening within these laws. The mental capacity and mental health act shows that there will be the removal of the standard traditional service so they can move forward and introduce a more approachable service which enabled service users and communities to become more

Smale 93 (O'Byrne, 2009) identified 3 models of assessment, questioning, procedural and exchange. Whilst the exchange is the ideal model by which to fulfil the aims of the NHSCCA 1990 documents don’t always allow for that and focus tends to be on weaknesses of individuals or medial needs as opposed to strengths. Mental illness is such a complex issue and something that can fluctuate quickly depending on circumstances. This reason alone makes determining mental capacity and assessment process very difficult.

The World Health Organization (WHO) estimates that between 10 to 15 percent of the world’s population, or approximately1 billion people, live with disabilities, making people with disabilities the world’s largest minority (WHO 2011, WRC 2008, UN 2012). Among the millions of refugees living in camps are a large number of people with disabilities. It is estimated that between 4.5 and 6.8 million of the world’s 45.2 million forcibly displaced persons also live with disabilities. Among displaced persons who have fled civil conflict, war or natural disasters, the number with disabilities may be even higher (WRC 2008, UN 2012). Yet persons with disabilities remain among the most hidden, neglected and socially excluded of all displaced people

Many people with disability shortage consciousness and understanding of the rights they have or where they would go to if they did recognise that their rights have been rejected. For people with awareness damage like developmental disability, granted and essential brain damage, psychosocial disability, dementia, neurological damage such as ‘Autism Spectrum Disorder’, this is an appropriate problem.

The Universal Declaration of Human Rights was proclaimed on 10 December 1948, but it still did not include the rights of persons with disabilities. In other words, in many countries, people with disability did not have their rights guaranteed by law. So, soon organizations began to emerge to fight, represent and guarantee the rights of all people with disabilities. Today there are hundreds of them representing all types of disabilities, for example Autistic Minority International and The Center for the Human Rights of Users and Survivors of Psychiatry (CHRUSP).

* Federal Disability Services Act (1986) explains the right of the people with disabilities to be treated as equal, respect for their human worth no matter what culture, race, sex, whatever the origin, type and degree of disability have the same fundamental rights as other members of Australian society. People with disabilities have the same right as other members of Australian society to services which will support their attaining an acceptable quality of life.

Disempowerment of the disabled- (Accessibility) Many intellectually disabled individuals are in situations of great dependency where they are virtually powerless. This makes it difficult for the individual to use the anti discrimination legislation as a discriminatory remedy.

Although a wealth of international assistance towards DPOs in low-income country, there are some challenges should be overcome. First of all, persons with disabilities are still not in the head line of the government’s agenda. In the current society, the value of a person is mainly measured by their contributions to society both financially and politically. The government funding is driven by this ethos (Hurst, 1999). So DPOs still have a long way to go in terms of changing the discrimination and exclusive attitudes.

These disable people are treated poorly in the I have happy to say that the way we treat them now is a lot better. Sometimes you can not see if they have a disabled or it may not be visible.The disability people in the world have dream/goals just like you,but they have ever day barriers unlike you and they have to pass the barriers including physical,social they have to work through to pass their goals.