Book contents
- Mental Health, Legal Capacity, and Human Rights
- Mental Health, Legal Capacity, and Human Rights
- Copyright page
- Contents
- Figures
- Tables
- Boxes
- Contributors
- Preface
- Foreword
- Introduction A “Paradigm Shift” in Mental Health Care
- 1 The Alchemy of Agency: Reflections on Supported Decision-Making, the Right to Health and Health Systems as Democratic Institutions
- 2 Redefining International Mental Health Care in the Wake of the COVID-19 Pandemic
- 3 Reparation for Psychiatric Violence: A Call to Justice
- 4 Divergent Human Rights Approaches to Capacity and Consent
- 5 From Pipe Dream to Reality: A Practical Legal Approach Towards the Global Abolition of Psychiatric Coercion
- 6 The ‘Fusion Law’ Proposals and the CRPD
- 7 Contextualising Legal Capacity and Supported Decision Making in the Global South Experiences: of Homeless Women with Mental Health Issues from Chennai, India
- 8 The Potential of the Legal Capacity Law Reform in Peru to Transform Mental Health Provision
- 9 Advancing Disability Equality Through Supported Decision-Making: The CRPD and the Canadian Constitution
- 10 Decisional Autonomy and India’s Mental Healthcare Act, 2017: A Comment on Emerging Jurisprudence
- 11 Towards Resolving Damaging Uncertainties: Progress in the United Kingdom and Elsewhere
- 12 ‘The Revolution Will Not Be Televised’: Recent Developments in Mental Health Law Reform in Zambia and Ghana
- 13 Supported Decision-Making and Legal Capacity in Kenya
- 14 Seher’s “Circle of Care” Model in Advancing Supported Decision Making in India
- 15 The Swedish Personal Ombudsman: Support in Decision-Making and Accessing Human Rights
- 16 Strategies to Achieve a Rights-Based Approach through WHO QualityRights
- 17 The Clubhouse Model: A Framework for Naturally Occurring Supported Decision Making
- 18 Mind the Gap: Researching ‘Alternatives to Coercion’ in Mental Health Care
- 19 Psychiatric Advance Directives and Supported Decision-Making: Preliminary Developments and Pilot Studies in California
- 20 Community-Based Mental Health Care Delivery with Partners In Health: A Framework for Putting the CRPD into Practice
- 21 Lived Experience Perspectives from Australia, Canada, Kenya, Cameroon and South Africa – Conceptualising the Realities
- 22 In the Pursuit of Justice: Advocacy by and for Hyper-marginalized People with Psychosocial Disabilities through the Law and Beyond
- 23 The Danish Experience of Transforming Decision-Making Models
- 24 The Use of Patient Advocates in Supporting People with Psychosocial Disabilities
- 25 Users’ Involvement in Decision-Making: Lessons from Primary Research in India and Japan
- 26 Involvement of People with Lived Experience of Mental Health Conditions in Decision-Making to Improve Care in Rural Ethiopia
- References
15 - The Swedish Personal Ombudsman: Support in Decision-Making and Accessing Human Rights
Published online by Cambridge University Press: 20 August 2021
Book contents
- Mental Health, Legal Capacity, and Human Rights
- Mental Health, Legal Capacity, and Human Rights
- Copyright page
- Contents
- Figures
- Tables
- Boxes
- Contributors
- Preface
- Foreword
- Introduction A “Paradigm Shift” in Mental Health Care
- 1 The Alchemy of Agency: Reflections on Supported Decision-Making, the Right to Health and Health Systems as Democratic Institutions
- 2 Redefining International Mental Health Care in the Wake of the COVID-19 Pandemic
- 3 Reparation for Psychiatric Violence: A Call to Justice
- 4 Divergent Human Rights Approaches to Capacity and Consent
- 5 From Pipe Dream to Reality: A Practical Legal Approach Towards the Global Abolition of Psychiatric Coercion
- 6 The ‘Fusion Law’ Proposals and the CRPD
- 7 Contextualising Legal Capacity and Supported Decision Making in the Global South Experiences: of Homeless Women with Mental Health Issues from Chennai, India
- 8 The Potential of the Legal Capacity Law Reform in Peru to Transform Mental Health Provision
- 9 Advancing Disability Equality Through Supported Decision-Making: The CRPD and the Canadian Constitution
- 10 Decisional Autonomy and India’s Mental Healthcare Act, 2017: A Comment on Emerging Jurisprudence
- 11 Towards Resolving Damaging Uncertainties: Progress in the United Kingdom and Elsewhere
- 12 ‘The Revolution Will Not Be Televised’: Recent Developments in Mental Health Law Reform in Zambia and Ghana
- 13 Supported Decision-Making and Legal Capacity in Kenya
- 14 Seher’s “Circle of Care” Model in Advancing Supported Decision Making in India
- 15 The Swedish Personal Ombudsman: Support in Decision-Making and Accessing Human Rights
- 16 Strategies to Achieve a Rights-Based Approach through WHO QualityRights
- 17 The Clubhouse Model: A Framework for Naturally Occurring Supported Decision Making
- 18 Mind the Gap: Researching ‘Alternatives to Coercion’ in Mental Health Care
- 19 Psychiatric Advance Directives and Supported Decision-Making: Preliminary Developments and Pilot Studies in California
- 20 Community-Based Mental Health Care Delivery with Partners In Health: A Framework for Putting the CRPD into Practice
- 21 Lived Experience Perspectives from Australia, Canada, Kenya, Cameroon and South Africa – Conceptualising the Realities
- 22 In the Pursuit of Justice: Advocacy by and for Hyper-marginalized People with Psychosocial Disabilities through the Law and Beyond
- 23 The Danish Experience of Transforming Decision-Making Models
- 24 The Use of Patient Advocates in Supporting People with Psychosocial Disabilities
- 25 Users’ Involvement in Decision-Making: Lessons from Primary Research in India and Japan
- 26 Involvement of People with Lived Experience of Mental Health Conditions in Decision-Making to Improve Care in Rural Ethiopia
- References
Summary
De-institutionalisation of people with mental health conditions brought about the need to develop community-based support. In response to a request from user organisations, the Personal Ombudsman was implemented. This service provides professional support on behalf of the person seeking help to obtain his or her citizen rights in society. The personal ombudsman occupies a freestanding position, independent of authorities, and reports recurring social issues affecting persons with psychosocial disabilities directly to the national agency for healthcare and social services. In 2001, this service was permanently implemented and is provided free of charge for persons with psychosocial disabilities. Personal ombudsmen are to act only on the behalf of their clients, often concerning issues of daily provision, homelessness, medical treatment and improper reception from professionals in medical and social services. The first step in the relationship between the personal ombudsman and the client is to help the client formulate his own decisions on how he wants to proceed with the present problem. The second step is often aiding the client by advocating his perspective in decision-making with professionals responsible for his rights. This chapter illustrates the working relationship between the personal ombudsmen and their clients and the decision-making process therein.
- Type
- Chapter
- Information
- Mental Health, Legal Capacity, and Human Rights , pp. 230 - 243Publisher: Cambridge University PressPrint publication year: 2021
References
Dominelli, L. (2002). Antioppressive Social Work: Theory and Practice. Basingstoke: Palgrave Macmillan.Google Scholar
Goffman, E. (1991). Asylums: Essays on the Social Situation of Mental Patients and Other Inmates. Harmondsworth: Penguin.Google Scholar
Björkman, T., Hansson, L., & Sandlund, M. (2002). Outcome of case management based on the strengths model compared to standard care. A randomised controlled trial. Social Psychiatry and Psychiatric Epidemiology, 37(4), 147–152.Google Scholar
Grim, K. (2019). Legitimizing the knowledge of mental health service users in shared decision-making. Promoting participation through a web-based decision support tool. Doctoral dissertation, School of Education, Health and Social Studies, Dalarna University.Google Scholar
Järkestig Berggren, U. (2015). Building on users’ knowledge as a basis for professional expertise? An example from Swedish social care services. European Journal of Social Work, 18(5), 718–730.Google Scholar
Järkestig Berggren, U., & Gunnarsson, E. (2010). User-oriented mental health reform in Sweden: featuring ‘professional friendship’. Disability & Society, 25(5), 565–577.Google Scholar
Järkestig Berggren, U. (2010). Personligt ombud och förändringsprocesser på det socialpsykiatriska fältet [Personal ombudsman and processes of change in the field of socialpsychiatry]. Doctoral dissertation, Department of Social Work, Linnaeus University.Google Scholar
Klockmo, C. (2013). The role of personligt ombud in supporting the recovery process for people with psychiatric disabilities. Doctoral dissertation, Department of Health Sciences, Mid Sweden University.Google Scholar
Klockmo, C., Marnetoft, S., & Nordenmark, M. (2012). Moving toward a recovery-oriented approach in the Swedish mental health system: an interview study of Personligt Ombud in Sweden. Vulnerable Groups & Inclusion, 3(1), 1–16.Google Scholar
National Board of Health and Welfare. (2018). Lägesrapport om verksamheter med personligt ombud. [Report on Personal ombudsman services] Stockholm: National Board of Health and Welfare.Google Scholar
National Board of Health and Welfare. (2014). Personligt ombud för personer med psykisk funktionsnedsättning. Uppföljning av verksamheten med personligt ombud. [Personal ombudsman for persons with serious psychiatric impairments. Evaluation.] Stockholm: National Board of Health and Welfare.Google Scholar
National Board of Health and Welfare. (2011). Meddelandeblad 5/2011. [Report 5/2011] Stockholm: National Board of Health and Welfare.Google Scholar
National Board of Health and Welfare. (2000). Meddelandeblad 14/2000. [Report 14/2000] Stockholm: National Board of Health and Welfare.Google Scholar
Rapp, C. A., & Goscha, R. J. (2006). The Strengths Model: Case Management with People with Psychiatric Disabilities. New York: Oxford University Press.Google Scholar
SOU (1992:73). Psykiatriutredningens slutbetänkande [Final report of the psychiatric government investigation]. Government report. 73. Stockholm: Fritze.Google Scholar
Swedberg, R. (2018). How to use Max Weber’s ideal type in sociological analysis. Journal of Classical Sociology, 18(3), 181–196.Google Scholar
YPOS. (2016). Ethical guidelines, https://uploads.staticjw.com/yp/ypos/personliga-ombud-etikdokument-2016-slutver.pdf.Google Scholar
Zwarenstein, M., Stephenson, B., & Johnston, L. (2008). Case management: Effects on professional practice and health care outcomes. Cochrane Database Systematic Reviews 4.Google Scholar