Law - Book chapters

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    Family in mental health law
    (Routledge, 2023-10-12) Donnelly, Mary; Kelly, Brendan D.; Donnelly, Mary
    This chapter explores evolving responses to family (broadly defined to include family of choice) in mental health law. Recognising the complex dialectic at the heart of discussions of family in mental illness, the chapter traces changing views of family in a post-carceral era. Using the example of the ‘Nearest Relative’ framework in the Mental Health Act 1983 (UK), the chapter identifies flaws in responses to family in ‘traditional’ mental health legislation. Some of these flaws are being addressed by recent law reforms which expand the scope for the exercise of individual choice, both through allowing the person to nominate their own supporter/s and through legally enforceable Advance Healthcare Directives. These reforms offer positive options for many people with mental illness and their families. However, there are limits to what these kinds of reforms can deliver. For this reason, the chapter turns to the Report of the Royal Commission into Victoria's Mental Health System (VRC Report, 2021) which, it argues, offers potential for a more expansive vision of the role of mental health law and new ways of engaging with family.
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    Complementarity between human security and legal frameworks for humanitarian action
    (Edward Elgar Publishing, 2022-10-14) Cubie, Dug; Oberleitner, G.
    There are close connections between humanitarian action and human security which arise, in part, from their common focus on the principles of humanity and human dignity. Indeed, the UN Trust Fund for Human Security has argued that a longer-term human security approach complements more immediate humanitarian efforts. Drawing on research elaborating the concept of an acquis humanitaire of laws, policies and practices relevant in humanitarian crises, this chapter explores the interconnections between human security and the legal frameworks for humanitarian action. After examining the twin components of humanitarian action, namely material assistance and protection of persons, the chapter argues that adopting a human security lens may be a useful way of operationalising a rights-based approach to humanitarian action, based on protection, empowerment, non-discrimination and accountability.
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    Troubling consent: Pain and pressure in labour and childbirth
    (Hart Publishing, 2020-11-26) Murray, Claire; Pickles , Camilla; Herring, Jonathan
    This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour.
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    Article 23: Equality between women and men
    (Hart Imprint; Bloomsbury Publishing, 2021-11-18) Schiek, Dagmar; Kotevska, Biljana
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    The chance "to melt into the shadows of obscurity": Developing a "right to be forgotten" in the United States
    (Springer Nature Switzerland AG, 2018-04-03) O'Callaghan, Patrick; Irish Research Council
    This chapter argues that there is some (limited) evidence of a right to be forgotten in the jurisprudence of U.S. courts. For the purposes of this argument, the right exists whenever interests in being forgotten and/or forgetting are understood as weighty enough to impose a duty on government and/or fellow citizens to respect those interests. Most of the relevant cases belong to the pre-digital era but nevertheless provide some doctrinal support for a right to be forgotten in the digital era. In particular, the chapter pays close attention to the privacy challenges associated with search engines and argues that it may be possible to implement a Google Spain-inspired right to be forgotten (in the sense of delisting or deindexing search results) in the United States.