Laws to Detain Individuals with Substance Dependency: Breaching Human Rights or Restoring Health?

Journal of Law and Medicine. 19:225-231 (2011)

7 Pages Posted: 4 Sep 2014

See all articles by Bernadette M. McSherry

Bernadette M. McSherry

Melbourne Social Equity Institute; Melbourne Law School

Date Written: 2011

Abstract

At the turn of the 20th Century in the United Kingdom and Australia, legislation was introduced to detain "inebriates". Since that time, variations of such laws have continued to exist. This column examines current laws in Australia and New Zealand, with a particular focus on recent law reform efforts in New South Wales and Victoria. The column raises some of the issues with these laws in relation to breaching human rights for the purpose of treatment.

Keywords: mental health, mental health treatments, mental health law reform, human rights

JEL Classification: K00, K10, K14, K19, K32, K40

Suggested Citation

McSherry, Bernadette M., Laws to Detain Individuals with Substance Dependency: Breaching Human Rights or Restoring Health? (2011). Journal of Law and Medicine. 19:225-231 (2011), Available at SSRN: https://ssrn.com/abstract=2490970

Bernadette M. McSherry (Contact Author)

Melbourne Social Equity Institute ( email )

Parkville, Victoria 3010
Australia

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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