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Assessing the viability of treatment rights for prisoners with personality disorder: Substance or substantive?
Author(s) -
McRae Leon
Publication year - 2009
Publication title -
personality and mental health
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.193
H-Index - 22
eISSN - 1932-863X
pISSN - 1932-8621
DOI - 10.1002/pmh.62
Subject(s) - prison , psychology , human rights , psychiatry , personality disorders , personality , mental illness , mental health , criminology , psychotherapist , law , political science , social psychology
Abstract Personality disorder (PD) has long been criticized as a diagnosis, not least for the issue of its supposed untreatability. This has precluded many offenders with PD from receiving treatment for their disorder in a secure hospital, with detention in the potentially deleterious penal environment the result. However, transfers for public protection continue to occur. A further problematic issue for treatment considerations when diversion from prison hangs in the balance is the removal of the need for proposed treatment to provide a therapeutic benefit under the recently amended Mental Health Act 1983. In light of these developments, this paper considers the significance of human rights instruments, such as the European Prison Rules 2006, which aim to offer rights to treatment, giving the offender with a diagnosis of PD access to adequate and sustaining treatment, both in prison and secure hospitals. Copyright © 2009 John Wiley & Sons, Ltd.