Furgalska, Magdalena orcid.org/0000-0003-0469-5885 (2023) 'Informed consent is a bit of a joke to me':lived experiences of insight, coercion and capabilities in mental health care settings. International Journal of Law in Context. pp. 456-474. ISSN 1744-5531
Abstract
The Independent Review of the Mental Health Act 1983 found that people’s experiences and self-knowledge were mislabelled as a ‘lack of insight’. Insight, a psychiatric concept, is defined as an ability to recognise one’s mental illness, awareness of one’s symptoms and compliance with treatment. Across different jurisdictions, legal scholars have raised concerns about the influence of insight on legal provisions for psychiatric care and mental capacity assessments, given its prevalent use in psychiatry and its absence from statutory criteria. However, outside of these findings, little is known about people’s lived experiences of ‘insight’ and the law. This article draws on narrative and photo-elicitation interviews with psychiatric survivors to argue that insight is an extra-legislative proxy for regulating involuntary detention and other coercion masked as consent. Finally, this article draws on the capabilities approach to deliver a justice argument for creating real opportunities to provide informed consent in mental health settings.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s), 2023 |
Keywords: | Mental health law, psychiatry, insight, informed consent, narrative and photo-elicitation methods, the capabilities approach |
Dates: |
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Institution: | The University of York |
Academic Units: | The University of York > Faculty of Social Sciences (York) > The York Law School |
Depositing User: | Pure (York) |
Date Deposited: | 26 May 2023 11:30 |
Last Modified: | 07 Feb 2025 00:36 |
Published Version: | https://doi.org/10.1017/S1744552323000174 |
Status: | Published |
Refereed: | Yes |
Identification Number: | 10.1017/S1744552323000174 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:199641 |
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Description: ‘Informed consent is a bit of a joke to me’: lived experiences of insight, coercion, and capabilities in mental health care settings
Licence: CC-BY 2.5