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Seattle University Collaborative Projects - International Academy of ...

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and potential for inhumane abuses to persons with mental illness.The Changing Role <strong>of</strong> Psychiatrist Members <strong>of</strong> the Parole Board for Englandand Wales as a Result <strong>of</strong> the Implementation <strong>of</strong> the European Convention onHuman RightsJohn A Baird, Royal College <strong>of</strong> Psychiatrists, Glasgow, Scotland (john.a.baird@ntlworld.com)Before the introduction <strong>of</strong> the European Convention on Human Rights, the final decision on therelease <strong>of</strong> a life sentence prisoner was taken by a senior elected politician. The Convention tookaway that right from politicians and gave it to a tribunal <strong>of</strong> members <strong>of</strong> the Parole Board whotogether have the final decision on the matter <strong>of</strong> release.Psychiatrists and Psychologists as members <strong>of</strong> the Parole Board are members <strong>of</strong> these tribunals.Along with a change in the locus <strong>of</strong> decision making came much greater clarification <strong>of</strong> the testswhich were to be applied, together with a requirement for the proceedings to include all partiesfor case papers to be shared and for the tribunal to issue their decision in writing and for theirdecision making and deliberations to be transparent. Psychiatrists and Psychologists, when theyare sitting on tribunals, have to balance their clinical role with their primary judicial function. Itcan take both time and reflection to develop these new skills.Issues <strong>of</strong> risk aversion,'re-sentencing' and the challenge <strong>of</strong> true independence all arise during thecourse <strong>of</strong> this work and will be discussed. Discretionary release <strong>of</strong> long term prisoners servingboth determinate and indeterminate sentences is a feature <strong>of</strong> many jurisdictions and this system islikely to be <strong>of</strong> interest to those who are involved with similar issues in other countries.189. <strong>International</strong> Human Rights & TJFetal Alcohol Spectrum Disorders & Mental Health LawSophie Hein, Université Laval (heinsophie@yahoo.ca)Why do Fetal Alcohol Spectrum Disorders (FASD) still seem unrecognized in Mental HealthField? What should Law be and do to capture particularities <strong>of</strong> FASD? Could Mental HealthCourts help people with FASD?This presentation looks at FASD as a spectrum <strong>of</strong> neurological disorders still largelyunrecognized by law, health and mental health practitioners, especially in Quebec. WhileCanada is seen as a leader on FASD, its province <strong>of</strong> Quebec is only starting to look at thisdisability, exploring how the law could better intervene on people with FASD and their family.<strong>Collaborative</strong> Law Movement, Therapeutic Jurisprudence, Capabilities Approach and DisabilityHuman Rights all converge by aiming improvement <strong>of</strong> the well-being <strong>of</strong> people with disabilities.448

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