Abstract
SummaryIreland's Mental Health Act 2001 was fully implemented in 2006 and aimed to bring Irish legislation more in line with international standards such as the European Convention on Human Rights and United Nations Principles for the Protection fo Persons with Mental Illness. the new legislation introduced several important reforms in relation to involuntary admission, independent reviews of involuntary detention, consent to treatment, and treatment of children and adolescents. Although the Mental Health Act 2001 focuses clearly on protecting the right to liberty, it also presents significant challenges in terms of service delivery and resources within Irish mental health services.
Highlights
Ireland’s Mental Health Act 2001 was fully implemented in 2006 and aimed to bring Irish legislation more in line with international standards such as the European Convention on Human Rights and United Nations Principles for the Protection fo Persons with Mental Illness.The new legislation introduced several important reforms in relation to involuntary admission, independent reviews of involuntary detention, consent to treatment, and treatment of children and adolescents
The majority of mental health tribunals are held in order to review involuntary admission orders
The Irish Law Reform Commission, among others, has recommended the enactment of capacity legislation and, such a move has broad support in principle, it is critical that capacity legislation takes account of the existing provision of both the Mental Health Act 2001 and the Criminal Law (Insanity) Act 2006
Summary
Ireland’s Mental Health Act 2001 was fully implemented in 2006 and aimed to bring Irish legislation more in line with international standards such as the European Convention on Human Rights and United Nations Principles for the Protection fo Persons with Mental Illness.The new legislation introduced several important reforms in relation to involuntary admission, independent reviews of involuntary detention, consent to treatment, and treatment of children and adolescents. The Act was designed to update and replace the Mental Treatment Act 1945 and bring Irish legislation more in line with international standards, such as the European Convention on Human Rights and the United Nations Principles for the Protection of Persons with Mental Illness.[2] The central reforms in the Act included the establishment of a Mental Health Commission to oversee standards of care and the introduction of automatic review of involuntary admission orders by mental health tribunals.[3] The legislation required that a full review of the Act be performed after 5 years and the Department of Health and Children[4] completed such a review in May 2007. (a) the conduct of mental health tribunals; (b) consent and capacity; (c) children and adolescents; (d) disruptions to mental health service delivery; and (e) resources for mental health services
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