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dc.contributor.advisorKeys, Mary
dc.contributor.authorMorrissey, Fiona
dc.date.accessioned2014-07-03T14:13:35Z
dc.date.issued2014-06-03
dc.identifier.urihttp://hdl.handle.net/10379/4434
dc.description.abstractAdvance directives (ADs) are legal statements or documents, which allow a person to outline treatment preferences and other life choices prior to a mental health crisis. This thesis examines the issues arising in relation to the introduction of a legal framework for ADs in Irish mental health care from an international, comparative and national perspective. Ireland currently lacks legislative provisions for ADs, but it is proposed to incorporate legislative provisions into the Assisted Decision-Making (Capacity) Bill 2013 (2013 Bill) in the near future. This thesis reviews the literature on ADs and considers the legal, ethical and implementation issues associated their use under international, comparative and domestic frameworks and from the perspective of key stakeholders. The views and preferences of Irish stakeholders are addressed through an original empirical study. The international research considers the introduction of ADs under the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The CRPD requires a new approach to decision-making in mental health care and the development of a range of support strategies. The thesis will consider the implications of the CRPD on the conceptual foundation of ADs and their role under new human rights frameworks. The thesis also includes a comparative study into an innovative approach to the implementation of ADs in the State of Virginia in the United States. The aim of the empirical research is to determine the views and preferences of Irish service users and consultant psychiatrists towards the proposed use of ADs and the extent to which they will be supported in Ireland. The empirical research found broad support for ADs among Irish stakeholders, but varying implementation preferences. The research makes recommendations for the introduction and implementation of an appropriate legal framework for mental health ADs in Ireland and other jurisdictions under international human rights frameworks.en_US
dc.subjectAdvance Directivesen_US
dc.subjectMental health Advance Directivesen_US
dc.subjectUN Convention on the Rights of Persons with Disabilitiesen_US
dc.subjectLegal frameworken_US
dc.subjectIrelanden_US
dc.subjectVirginiaen_US
dc.subjectRecovery approachen_US
dc.subjectMental healthen_US
dc.subjectAutonomyen_US
dc.subjectSupported decision makingen_US
dc.subjectLaw Departmenten_US
dc.titleThe introduction of a legal framework for Advance Directives in Irish mental health careen_US
dc.typeThesisen_US
dc.contributor.funderPartially funded by Mental Health Commission and NUI Travelling Studentship in the Humanities and Social Sciencesen_US
dc.local.noteThis thesis explores the introduction and implementation of a legal framework for advance directives in Irish mental health care, which is compliant with the UN Convention on the Rights of Persons with Disabilities. Advance directives are legal statements or documents, which allow a person to state their treatment preferences and other life choices in advance of periods of mental unwellness. The legal framework and implementation strategies proposed are informed by the international human rights frameworks; comparative research in the United States and an original empirical study on the views of Irish service users and consultant psychiatrists.en_US
dc.description.embargo2020-06-30
dc.local.finalYesen_US
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