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Ethical and Legal Debates In Irish HealthcareConfronting complexities$
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Mary Donnelly and Claire Murray

Print publication date: 2016

Print ISBN-13: 9780719099465

Published to Manchester Scholarship Online: May 2016

DOI: 10.7228/manchester/9780719099465.001.0001

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PRINTED FROM MANCHESTER SCHOLARSHIP ONLINE (www.manchester.universitypressscholarship.com). (c) Copyright Manchester University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in MSO for personal use.date: 28 June 2022

Protecting rights in mental health law

Protecting rights in mental health law

the relationship between the courts and mental health tribunals

(p.208) 14 Protecting rights in mental health law
Ethical and Legal Debates In Irish Healthcare

Darius Whelan

Manchester University Press

Ireland’s Mental Health Act 2001 requires that all involuntary admissions for mental disorder be reviewed within twenty-one days by a three-person Mental Health Tribunal. This chapter focuses on key written judgments of the High Court and Supreme Court reviewing decisions of Mental Health Tribunal. Despite some statements to the contrary, the general picture which emerges is that the courts have not engaged in robust supervision of mental health tribunals. Instead, the general tenor of the case-law has been to endorse decisions of tribunals to affirm detentions, and to limit access to the courts to the most extreme violations of procedural rights. The chapter argues that this is a disappointing outcome, in light of the supposed rights-based focus of the Mental Health Act 2001.

Keywords:   Mental Health Act 2001, Mental Health Tribunals, Rights-based, Procedural rights, Supervision, Involuntary admission

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