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7 - Contextualising Legal Capacity and Supported Decision Making in the Global South Experiences: of Homeless Women with Mental Health Issues from Chennai, India

Published online by Cambridge University Press:  20 August 2021

Michael Ashley Stein
Harvard Law School
Faraaz Mahomed
Wits University
Vikram Patel
Harvard Medical School
Charlene Sunkel
Global Mental Health Peer Network
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Persons with mental health issues are among the most under-represented populations in rights discourse, and more so those from the Global South, who have been further subjugated by the intersections of poverty, patriarchy, and systemic isolation wrought by colonial and outmoded psychiatric treatments. The issue is worse still for women with mental illness in the Global South, many of whom are driven to the extreme margins, including but not limited to chronic homelessness. Through an enquiry into the lives of these women, and their experiences of exclusion, homelessness, and involuntary commitment, this chapter aims to deconstruct traditionally accepted notions of human rights and recalibrate a service paradigm that can mould itself to fit the diverse needs of an ultra-vulnerable population over a strong foundation of liberty, access to choice, and commitment to diversity. The study is set in The Banyan, a Chennai (India)-based not-for-profit organisation, focussed on humanitarian, equity, and justice-centric responses to the needs of homeless women with mental health issues.

Publisher: Cambridge University Press
Print publication year: 2021

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Alexander, J. M. (2008). Capabilities and Social Justice: The Political Philosophy of Amartya Sen and Martha Nussbaum. Ashgate Publishing, Ltd.Google Scholar
Babidge, N. C., Buhrich, N., & Butler, T. (2001). Mortality among homeless people with schizophrenia in Sydney, Australia: a 10‐year follow‐up. Acta Psychiatrica Scandinavica, 103(2), 105110.CrossRefGoogle ScholarPubMed
Bach, M., & Kerzner, L. (2014). A New Paradigm for Protecting Autonomy and the Right to Legal Capacity. Law Commission of Ontario.Google Scholar
Chaudry, S., Joseph, A., & Prakash Singh, I. (2014). Violence and Violations: The Reality of Homeless Women in India. Retrieved from Scholar
5. Convention on the Rights of Persons with Disabilities (CRPD) (2016). Retrieved from Scholar
de Bhailís, C., & Flynn, E. (2017). Recognising legal capacity: commentary and analysis of Article 12 CRPD. International Journal of Law in Context, 13(1), 621. Scholar
Fischer, P. J. (1992). Criminal Behavior and Victimization among Homeless People. In Jahiel, R. I. (ed.), Homelessness: A Prevention-Oriented Approach. Johns Hopkins University Press, 87112.Google Scholar
Flynn, E., & Arstein-Kerslake, A. (2014). Legislating personhood: realising the right to support in exercising legal capacity. International Journal of Law in Context, 10(1), 81104. Scholar
Gilmoor, A. R., Vallath, S., Regeer, B. et al. (2020). ‘If somebody could just understand what I am going through, it would make all the difference’: conceptualizations of trauma in homeless populations experiencing severe mental illness. Transcultural Psychiatry, 57(3), 455467. Scholar
Gopikumar, V., Easwaran, K., Ravi, M. et al. (2015). Mimicking family like attributes to enable a state of personal recovery for persons with mental illness in institutional care settings. International Journal of Mental Health Systems, 9(1), 30.CrossRefGoogle ScholarPubMed
Ibrahim, J. E., & Davis, M. C. (2013). Impediments to applying the ‘dignity of risk’ principle in residential aged care services. Australasian Journal on Ageing, 32(3), 188193. ScholarPubMed
Katsakou, C., Rose, D., Amos, T. et al. (2012). Psychiatric patients’ views on why their involuntary hospitalisation was right or wrong: a qualitative study. Social Psychiatry and Psychiatric Epidemiology, 47(7), 11691179. ScholarPubMed
Kushel, M. B., Evans, J. L., Perry, S. et al. (2003). No door to lock: victimization among homeless and marginally housed persons. Archives of Internal Medicine, 163(20), 24922499. ScholarPubMed
Lam, J. A., & Rosenheck, R. (1998). The effect of victimization on clinical outcomes of homeless persons with serious mental illness. Psychiatric Services (Washington, D.C.), 49(5), 678683. ScholarPubMed
MacIntyre, A. C. (1999). Dependent Rational Animals: Why Human Beings Need the Virtues. Open Court PublishingGoogle Scholar
Molas, A. (2016) Defending the CRPD: dignity, flourishing, and the universal right to mental health, The International Journal of Human Rights, 20:8, 12641276, Scholar
Narasimhan, L., Gopikumar, V., Jayakumar, V. et al. (2019). Responsive mental health systems to address the poverty, homelessness and mental illness nexus: The Banyan experience from India. International Journal of Mental Health Systems, 13, 54. ScholarPubMed
Olofsson, B., & Jacobsson, L. (2001). A plea for respect: involuntarily hospitalized psychiatric patients’ narratives about being subjected to coercion. Journal of Psychiatric and Mental Health Nursing, 8(4), 357366. ScholarPubMed
Padgett, D. K. & Struening, E. L. (1992). Victimization and traumatic injuries among the homeless: associations with alcohol, drug, and mental problems. American Journal of Orthopsychiatry 62, 525534.CrossRefGoogle ScholarPubMed
Series, L., & Nilsson, A. (2018). Article 12 CRPD: Equal Recognition before the Law. In Bantekas, I., Stein, M. A., and Anastasiou, D. (eds.), The UN Convention on the Rights of Persons with Disabilities: A Commentary. Oxford University Press.Google ScholarPubMed
Stacey, G., Felton, A., Morgan, A. et al. (2016). A critical narrative analysis of shared decision-making in acute inpatient mental health care. Journal of Interprofessional Care, 30(1), 3541. ScholarPubMed
Szmukler, G. (2017). The UN Convention on the Rights of Persons with Disabilities: ‘rights, will and preferences’ in relation to mental health disabilities. International Journal of Law and Psychiatry, 54, 9097. ScholarPubMed
Vallath, S., Luhrmann, T., Bunders, J. et al. (2018). Reliving, replaying lived experiences through auditory verbal hallucinations: implications on theories and management. Frontiers in Psychiatry, 9, 528. ScholarPubMed
Vallath, S., Ravikanth, L., Regeer, B. et al. (2020). Traumatic loss and psychosis – reconceptualising the role of trauma in psychosis. European Journal of Psychotraumatology, 11(1), ScholarPubMed
Stein, M. A., & Lord, J. E. (2010). Monitoring the Convention on the Rights of Persons with Disabilities: innovations, lost opportunities, and future potential. Human Rights Quarterly, 32, 689728. At 709 and 711.CrossRefGoogle Scholar
Substance Abuse and Mental Health Services Administration. (2019). Civil Commitment and the Mental Health Care Continuum: Historical Trends and Principles for Law and Practice: Substance Abuse and Mental Health Services Administration. Office of the Chief Medical Officer, Substance Abuse and Mental Health Services Administration. Scholar

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