Impossible, Impractical, Essential:
Human Rights in Irish Mental
Health and Capacity Law
Brendan Kelly
1. Mental Health (Amendment) Act 2015
2. Convention on the Rights of Persons with
Disabilities (2006)
3. Assisted Decision-Making Capacity Act 2015
4. The Bigger Picture
1. Mental Health (Amendment) Act 2015
2. Convention on the Rights of Persons with
Disabilities (2006)
3. Assisted Decision-Making Capacity Act 2015
4. The Bigger Picture
Administration of ECT in Approved Centres: Activity Report 2013
Mental Health Commission (2015)
December 2014
1. Mental Health (Amendment) Act 2015
2. Convention on the Rights of Persons with
Disabilities (2006)
3. Assisted Decision-Making Capacity Act 2015
4. The Bigger Picture
1. Mental Health (Amendment) Act 2015
2. Convention on the Rights of Persons with
Disabilities (2006)
3. Assisted Decision-Making Capacity Act 2015
4. The Bigger Picture
1.
Decision-making assistant
2.
Co-decision-maker
3.
Decision-making representative
Decision-making assistant
2.
Co-decision-maker
3.
Decision-making representative
Circuit Court
No Circuit Court
1.
Logistics
17,797 psychiatry admissions pa
29% lack capacity
503,509 medical admissions pa
30% lack capacity
27,000 people in nursing homes
60% lack capacity
1. Mental Health (Amendment) Act 2015
2. Convention on the Rights of Persons with
Disabilities (2006)
3. Assisted Decision-Making Capacity Act 2015
4. The Bigger Picture
(a)
(b)
(c)
(d)
Poverty
Imprisonment
Migration
Mental health services
Depression
Anxiety
Schizophrenia
51%
42%
11%
(a)
(b)
(c)
(d)
Poverty
Imprisonment
Migration
Mental health services
Kelly BD
Penrose’s Law in Ireland:
Ecological Analysis of
Psychiatric Inpatients and
Prisoners, 1963-2003.
Irish Medical Journal
2007; 100: 373-4
(a)
(b)
(c)
(d)
Poverty
Imprisonment
Migration
Mental health services
Admission rates per 100,000 population per year
Born in Ireland
Born elsewhere
Involuntary
55
53
Voluntary
459
100
(a)
(b)
(c)
(d)
Poverty
Imprisonment
Migration
Mental health services
Percentage of health budget
devoted to mental health
1966
1984
2009
2014
23%
14%
7%
6%
England
Scotland
12%
18%
[email protected]
Impossible, Impractical, Essential:
Human Rights in Irish Mental
Health and Capacity Law
Brendan Kelly
[email protected]