Seattle University Collaborative Projects - International Academy of ...

assume that these differences were determined, at least in part, by key distinctions between earlyCeltic and Native American models, but in fact, modern British and American approaches reflectin both instances a deliberately eclectic blending of strategies and techniques unlimited bygeographical or cultural boundaries. In each case, the true source of discernible methods fordealing with elder abuse from a Restorative Justice perspective can be found in relatively recentlegislative and policy developments that reflect, for example, the influence of codified Americansentencing guidelines and the comparative independence of the British judiciary when it comesto fixing penalties for criminal transgressions. This presentation will underscore salientdifferences with reference to case law, statutes, regulations, ethical codes, and sociolegalresearch. Participants will be encouraged to consider how the most humane, effective, andheuristic innovations can be adopted and applied from one system to another in enhancingRestorative Justice approaches to elder abuse.145. Rights, Risk of Harm, & Decision Making Capacity:International Responses to Involuntary Psychiatric Treatmentin Light of the CPRDRising to the Human Rights Challenge: Capacity-Based Treatment Arrives inAustralian LawSascha Callaghan, University of New South Wales (sascha.callaghan@sydney.edu.au)Christopher Ryan, University of Sydney (christopher.ryan@sydney.edu.au)Australian mental health law is on the verge of a major change. Legislative reviews in severalstates under the influence of the Convention on the Rights of Persons with Disabilities have seenthe introduction of some important human rights based innovations. For example Mental HealthBills in Tasmania and Victoria will only permit treatment without consent where patients lackcapacity to make their own treatment decisions. However, problems still remain in the retentionof risk-of-harm criteria which may unfairly restrict access to health services for people withmental illness. This session will give an overview of key rights based developments in Australianmental health law and discuss the remaining challenges in ensuring true equal treatment forperson with mental illness in line with the requirements of the CPRD.Compulsion in Mental Health Treatment: Is Capacity Really the Way Forward?Peter Bartlett, University of Nottingham (peter.bartlett@nottingham.ac.uk)The tendency among progressive mental health policy advocates in the last years has been tomove towards a system where capacity serves as the gateway of compulsion. This paper345