Critical Perspectives on Coercive Interventions: Law, Medicine and Society

267 Pages·2018·1.729 MB·English

by  Claire Spivakovsky (editor), Kate Seear (editor), Adrian Carter (editor)

Critical Perspectives on Coercive
Interventions
Coercive medico-legal interventions are often employed to prevent people
deemed to be unable to make competent decisions about their health, such as
minors, people with mental illness, disability or problematic alcohol or other
drug use, from harming themselves or others. These interventions can entail
major curtailments ofindividuals’ liberty and bodily integrity, and may cause
significant harm and distress.
Examining the ethical, social and legal issues involved in coerced care, this
book brings together the views and insights of leading researchers from a
range of disciplines, including criminology, law, ethics, psychology and public
health, as well as legal and medical practitioners, social-service ‘consumers’
and government officials. These contributions attempt to shed light on why
we use coercive interventions, whether we should, whether they are effective
in achieving the benefits that are offered to justify their use, and the impact
that they have on some of society’s most vulnerable citizens in the names of
‘justice’ and ‘treatment’.
This book is essential reading for clinicians, researchers and legal practi-
tioners involved in the study and application of coerced care, as well as
students and scholars in the fields of law, medicine, ethics and criminology.
Claire Spivakovsky is a Senior Lecturer in Criminology at Monash
University.
Kate Seear is an Associate Professor in Law at Monash University, an Aus-
tralian Research Council DECRA Fellow, a practising lawyer, and an
Adjunct Research Fellow at the National Drug Research Institute, Curtin
University.
Adrian Carter is an NHMRC Career Development Fellow at the Monash
Institute of Cognitive and Clinical Neurosciences and the School of
Psychological Sciences, Monash University.
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Critical Perspectives on Coercive
Interventions
Law, Medicine and Society
Edited by
Claire Spivakovsky, Kate Seear and
Adrian Carter
Firstpublished2018
byRoutledge
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BritishLibraryCataloguinginPublicationData
AcataloguerecordforthisbookisavailablefromtheBritishLibrary
LibraryofCongressCataloginginPublicationData
Names:Spivakovsky,Claire,editor.
Title:Criticalperspectivesoncoerciveinterventions:law,medicineand
society/editedbyClaireSpivakovsky,KateSeearandAdrianCarter.
Description:MiltonPark,Abingdon,Oxon;NewYork,NY:Routledge,2018.|
Series:Routledgefrontiersofcriminaljustice;55|Includesbibliographical
referencesandindex.
Identifiers:LCCN2017052179|ISBN9781138067370(hbk)|
ISBN9781315158693(ebk)
Subjects:LCSH:Involuntarytreatment–Moralandethicalaspects.|Medical
ethics–Miscellanea.
Classification:LCCR727.35.C752018|DDC174.2–dc23
LCrecordavailableathttps://lccn.loc.gov/2017052179
ISBN:9781138067370(hbk)
ISBN:9781315158693(ebk)
TypesetinTimesNewRoman
byTaylor&FrancisBooks
Contents
List of boxes viii
List of contributors ixi
Coercive interventions in law and medicine: Setting the scene 1
CLAIRESPIVAKOVSKY,KATESEEARANDADRIANCARTER
PARTI
Examining foundations for coercive interventions in law
and medicine 11
1 From coerced to compulsory treatment of addiction in the
patient’s best interests: Is it supported by the evidence? 15
ADRIANCARTERANDWAYNEHALL
2 Community treatment orders: The evidence and the
ethical implications 30
LISABROPHY,CHRISTOPHERJAMESRYANANDPENELOPEWELLER
3 The ambivalence of addiction medicine to the concept of
involuntary treatment is costing patients dearly 44
ROBERTBATEY
PARTII
Lives, bodies and voices - The material impacts and lived
effects of coercion 61
4 The variable treatment of (in)capacity in the practical operation
of Victoria’s key substituted decision-making regimes: View from
the frontline 65
ELEANOREFRITZE
vi Contents
5 Capacity does not reside in me 85
CATHROPER
6 The impossibilities of ‘bearing witness’to the violence of coercive
interventions in the disability sector 97
CLAIRESPIVAKOVSKY
PARTIII
Regulating the production of ‘good’, ‘healthy’ and
‘meaningful’ lives 115
7 Making the abject: Problem-solving courts, addiction, mental
illness and impairment 119
CLAIRESPIVAKOVSKYANDKATESEEAR
8 The Healthy Welfare Card: Indigenous empowerment or
‘remote control’? 135
STEPHENGRAY
9 Sterilisation, disability andwell-being: The curative imaginary of
the ‘welfare jurisdiction’ 149
LINDASTEELE
10 Mandated treatment for seriously ill minors 164
IANFRECKELTON
PARTIV
Paternalistic logics and their alternatives: interventions in
‘vulnerability’ and ‘risk’ 181
11 Mandated treatment as punishment: Exploring the second
Verdins principle 185
JAMIEWALVISCH
12 Containment versus rehabilitation: Managing high-riskoffenders
with complex needs 199
BERNADETTEMCSHERRY
13 Therapeuticjurisprudenceandproceduraljusticeinmentalhealth
practice: Responding to ‘vulnerability’ without coercion 212
PENELOPEWELLER
Contents vii
14 Adult guardianship and its alternatives in Australia 225
JOHNCHESTERMAN
Index 236
Boxes
4.1 Simon’s case 68
4.2 Samir’s case 70
4.3 Tim’s case 71
4.4 Max’s case 72
4.5 Con’s case 79
Contributors
Robert Batey is Professorial Fellow, Flinders University and Senior Staff
Specialist, Department of Medicine, Alice Springs Hospital. He has been
engaged in Addiction Medical practice for 36 years and in Hepatology for
45 years. He continues an active research interest in alcohol related brain
injury and in viral hepatitis. He was Clinical Advisor to NSW Health
during the planning of the new Involuntary Treatment units established to
function with the ending of the Inebriates Act of NSW.
Lisa Brophy is an Associate Professor with the University of Melbourne and
Mind Australia’s Principal Research Fellow. She has a career-long com-
mitment to mental health through social work, research and teaching. Her
research focus is on people experiencing mental illness and psychosocial
disability and their recovery, social inclusion and human rights.
Adrian Carter is an Associate Professor and NHMRC Career Development
Fellow and Head, Neuroscience and Society Group, School of Psycholo-
gical Sciences, Monash Institute of Cognitive and Clinical Neurosciences,
Monash University. He is also Director, Neuroethics Program, ARC
Centre of Excellence for Integrative Brain Function and Chair, Australian
BrainAllianceNeuroethicsSubcommittee,AustralianAcademyofScience.
His research examines the impact of neuroscience on our understanding
and treatment of addiction and other compulsive behaviours. Associate
Professor Carter has been an advisor to the WHO, the European Mon-
itoring Centre for Drugs and Drug Addiction, and United Nations Office
on Drugs and Crime.
John Chesterman is Directorof Strategy at the Office of the Public Advocate.
Dr Chesterman isatrained lawyer and prior to joining OPA he lectured in
politics for more than eight years at the University of Melbourne. He has
written anumberof books,including(asco-author)ThePoliticsofHuman
Rights in Australia (Cambridge University Press). In 2013 he travelled as a
Churchill Fellow to the US, Canada and the UK, where he examined a
varietyof adult protection systems.