Penelope Weller
Dados Biográficos
| ID | 4171541 |
|---|---|
| NOME | Penelope Weller |
| PRENOMES | Penelope |
| SOBRENOME | Weller |
| ASSINATURA | WELLER P |
| AFILIAÇÕES | RMIT University |
| ORCID | 0000-0003-4659-3561 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 17 |
| TOTAL DE CITAÇÕES | 17 |
| TOTAL COMO AUTOR | 17 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2010 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2026 |
| ÍNDICE H | 3 |
‘Traumatic to Say the Least; It Still Affects Me’
Psychiatrists’ engagement with advance statement in Victoria, Australia
An International Comparison of Psychiatric Advance Directive Policy
The present work provides a comparative policy review of psychiatric advance directives, considering 1) variation across eleven international jurisdictions and 2) differentiation from other advance directive policy. The aim is to support well-founded legal and clinical practice when it comes to psychiatric advance directives by 1) clarifying the range of present approaches and 2) highlighting differential treatment of those with mental health con…
The Importance of Legal Accountability in Negligence and Mental Health Care
Legal accountability in mental health care is increasingly gaining recognition in human rights discourse. Negligence is one accountability mechanism that can provide compensation, but has been criticised for failing to deliver justice. The Mental Health and Wellbeing Act 2022 (Vic), along with immunity provisions for clinicians who act in good faith, have shone the spotlight on whether current mechanisms are effective accountability measures. Ana…
Consumer Views and Experiences of Secondary-Care Services Following Refocus-Pulsar Staff Recovery-Oriented Practices Training
Despite staff undertaking the ROP training, all participants struggled to identify language and aspects of recovery in their interaction with the service, suggesting a need for staff to promote open, collaborative conversations around recovery. A specifically targeted recovery resource might facilitate such conversation
Supported residential services as a type of “total institution”
A policy norm enshrined in the United Nations Convention on the Rights of Persons with Disabilities 2006 reflected in Australia's National Disability Insurance Scheme is for people with psychosocial and other disabilities to have choice and control over their lives and not to live in institutional settings. In Australia, private congregate care settings remain in most states and territories, yet are not recognised as institutional settings in pol…
Consumers' experiences of rights-based mental health laws
Refocus-Pulsar Recovery-Oriented Practice Training in Adult Primary Mental Health Care
Objectives: Australian general practitioners (GPs) are pivotal in mental health care. The REFOCUS-PULSAR (Principles Unite Local Services Assisting Recovery) primary care study aimed to improve personal recovery outcomes in adults with mental health problems consulting GPs. Design: Modified from an intended stepped-wedge cluster study, an exploratory (pre- and post-intervention) design employed cross-sectional surveys of patients consulting GPs. …
Independent Mental Health Advocacy
Advocacy has received less attention in social work research than other aspects of social work practice. This paper draws attention to two tensions in social work advocacy; between worker-led advocacy and person-led advocacy, and between individual advocacy and system level advocacy. We argue that human-rights-based social workers must choose a person-led approach over a worker-led approach while advocating with both systems and individuals. This…
Opcat monitoring and the Convention on the Rights of Persons with Disabilities
OPCAT (Optional Protocol for the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) monitoring involves regular visits to places of detention in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. It is now well established in international law that social care, disability, health and mental health settings are places where torture and ill treatment can occur. In addition,…
Foreword to the Special Issue on the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Australia takes a clear, principled position on torture and ill treatment of people in any form of detention: it is forbidden. There are no exceptions. This commitment is reflected in domestic law
A disability aware approach to torture prevention? Australian Opcat ratification and improved protections for people with disability
In 2017, Australia ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Ratification of OPCAT presents as a unique opportunity to highlight the institutional treatment of people with disability in a range of sites of detention within Australia and build on advancing international protections for people with disability, including those articulated in the Convention …
Mental capacity and states of exception
The Convention on the Rights of Persons with Disabilities (CRPD) claims a new era of disability rights – a stance that was affirmed when CRPD General Comment 1 provided its authoritative interpretation of CRPD article 12 (Equal recognition before the law). Since the publication of General Comment 1, disagreement about the meaning and significance of article 12 has heightened, particularly in response to its claim for universal legal capacity. The…
The contradictions of gender
Since the 1960s significant differences in the mental health profile of men and women have been observed, but not adequately explained. The accepted pattern is that women are more likely to be diagnosed with high prevalence disorders and men are more likely to be diagnosed with serious low prevalence disorders. Clinical research has pursued physiological or psychosocial explanations for women’s mental health problems, while feminist perspectives …
Reconsidering legal capacity
This article argues that governmentality perspectives provide a fruitful way to analyse the complex interactions between disability and the law, using Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) and mental disability as a ‘case study’. The governmentality literature recognises that the law is implicated in the truths, knowledges, rationales and practices through which disability is rendered known and knowable. F…
Developing Law and Ethics
This article considers the impact of the Convention on the Rights of Persons with Disabilities with particular reference to effect of Article 17 (the right to be free from interference with ones physical and mental integrity), the problem of the uncertain side effects of medical treatment, the question of capacity and the principle of supported decision making. The article argues that the Convention redefines the ethical and legal standards that …
The Right to Health
This article argues that the development of the right to health and mental health in international human rights law critically informs the Convention on the Rights of Persons with Disabilities. In particular, the continuity and complementarities between civil and political rights on the one hand, and economic, social and cultural rights on the other, underscores the Convention's injunction to provide a comprehensive range of health, mental health…
Independent Mental Health Advocacy
Advocacy has received less attention in social work research than other aspects of social work practice. This paper draws attention to two tensions in social work advocacy; between worker-led advocacy and person-led advocacy, and between individual advocacy and system level advocacy. We argue that human-rights-based social workers must choose a person-led approach over a worker-led approach while advocating with both systems and individuals. This…
A disability aware approach to torture prevention? Australian Opcat ratification and improved protections for people with disability
In 2017, Australia ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Ratification of OPCAT presents as a unique opportunity to highlight the institutional treatment of people with disability in a range of sites of detention within Australia and build on advancing international protections for people with disability, including those articulated in the Convention …
Mental capacity and states of exception
The Convention on the Rights of Persons with Disabilities (CRPD) claims a new era of disability rights – a stance that was affirmed when CRPD General Comment 1 provided its authoritative interpretation of CRPD article 12 (Equal recognition before the law). Since the publication of General Comment 1, disagreement about the meaning and significance of article 12 has heightened, particularly in response to its claim for universal legal capacity. The…
Supported residential services as a type of “total institution”
A policy norm enshrined in the United Nations Convention on the Rights of Persons with Disabilities 2006 reflected in Australia's National Disability Insurance Scheme is for people with psychosocial and other disabilities to have choice and control over their lives and not to live in institutional settings. In Australia, private congregate care settings remain in most states and territories, yet are not recognised as institutional settings in pol…
The Right to Health
This article argues that the development of the right to health and mental health in international human rights law critically informs the Convention on the Rights of Persons with Disabilities. In particular, the continuity and complementarities between civil and political rights on the one hand, and economic, social and cultural rights on the other, underscores the Convention's injunction to provide a comprehensive range of health, mental health…
Developing Law and Ethics
This article considers the impact of the Convention on the Rights of Persons with Disabilities with particular reference to effect of Article 17 (the right to be free from interference with ones physical and mental integrity), the problem of the uncertain side effects of medical treatment, the question of capacity and the principle of supported decision making. The article argues that the Convention redefines the ethical and legal standards that …
The Right to Health
This article argues that the development of the right to health and mental health in international human rights law critically informs the Convention on the Rights of Persons with Disabilities. In particular, the continuity and complementarities between civil and political rights on the one hand, and economic, social and cultural rights on the other, underscores the Convention's injunction to provide a comprehensive range of health, mental health…
Reconsidering legal capacity
This article argues that governmentality perspectives provide a fruitful way to analyse the complex interactions between disability and the law, using Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) and mental disability as a ‘case study’. The governmentality literature recognises that the law is implicated in the truths, knowledges, rationales and practices through which disability is rendered known and knowable. F…
The contradictions of gender
Since the 1960s significant differences in the mental health profile of men and women have been observed, but not adequately explained. The accepted pattern is that women are more likely to be diagnosed with high prevalence disorders and men are more likely to be diagnosed with serious low prevalence disorders. Clinical research has pursued physiological or psychosocial explanations for women’s mental health problems, while feminist perspectives …
Mental capacity and states of exception
The Convention on the Rights of Persons with Disabilities (CRPD) claims a new era of disability rights – a stance that was affirmed when CRPD General Comment 1 provided its authoritative interpretation of CRPD article 12 (Equal recognition before the law). Since the publication of General Comment 1, disagreement about the meaning and significance of article 12 has heightened, particularly in response to its claim for universal legal capacity. The…
A disability aware approach to torture prevention? Australian Opcat ratification and improved protections for people with disability
In 2017, Australia ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Ratification of OPCAT presents as a unique opportunity to highlight the institutional treatment of people with disability in a range of sites of detention within Australia and build on advancing international protections for people with disability, including those articulated in the Convention …
Opcat monitoring and the Convention on the Rights of Persons with Disabilities
OPCAT (Optional Protocol for the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) monitoring involves regular visits to places of detention in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. It is now well established in international law that social care, disability, health and mental health settings are places where torture and ill treatment can occur. In addition,…
Foreword to the Special Issue on the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Australia takes a clear, principled position on torture and ill treatment of people in any form of detention: it is forbidden. There are no exceptions. This commitment is reflected in domestic law
Independent Mental Health Advocacy
Advocacy has received less attention in social work research than other aspects of social work practice. This paper draws attention to two tensions in social work advocacy; between worker-led advocacy and person-led advocacy, and between individual advocacy and system level advocacy. We argue that human-rights-based social workers must choose a person-led approach over a worker-led approach while advocating with both systems and individuals. This…
Consumers' experiences of rights-based mental health laws
Refocus-Pulsar Recovery-Oriented Practice Training in Adult Primary Mental Health Care
Objectives: Australian general practitioners (GPs) are pivotal in mental health care. The REFOCUS-PULSAR (Principles Unite Local Services Assisting Recovery) primary care study aimed to improve personal recovery outcomes in adults with mental health problems consulting GPs. Design: Modified from an intended stepped-wedge cluster study, an exploratory (pre- and post-intervention) design employed cross-sectional surveys of patients consulting GPs. …
Consumer Views and Experiences of Secondary-Care Services Following Refocus-Pulsar Staff Recovery-Oriented Practices Training
Despite staff undertaking the ROP training, all participants struggled to identify language and aspects of recovery in their interaction with the service, suggesting a need for staff to promote open, collaborative conversations around recovery. A specifically targeted recovery resource might facilitate such conversation
Supported residential services as a type of “total institution”
A policy norm enshrined in the United Nations Convention on the Rights of Persons with Disabilities 2006 reflected in Australia's National Disability Insurance Scheme is for people with psychosocial and other disabilities to have choice and control over their lives and not to live in institutional settings. In Australia, private congregate care settings remain in most states and territories, yet are not recognised as institutional settings in pol…
The Importance of Legal Accountability in Negligence and Mental Health Care
Legal accountability in mental health care is increasingly gaining recognition in human rights discourse. Negligence is one accountability mechanism that can provide compensation, but has been criticised for failing to deliver justice. The Mental Health and Wellbeing Act 2022 (Vic), along with immunity provisions for clinicians who act in good faith, have shone the spotlight on whether current mechanisms are effective accountability measures. Ana…
An International Comparison of Psychiatric Advance Directive Policy
The present work provides a comparative policy review of psychiatric advance directives, considering 1) variation across eleven international jurisdictions and 2) differentiation from other advance directive policy. The aim is to support well-founded legal and clinical practice when it comes to psychiatric advance directives by 1) clarifying the range of present approaches and 2) highlighting differential treatment of those with mental health con…
‘Traumatic to Say the Least; It Still Affects Me’
Psychiatrists’ engagement with advance statement in Victoria, Australia
Political science (14 obras) · Law (12 obras) · Law (11 obras) · Psychology (11 obras) · Healthcare Decision-Making and Restraints (10 obras) · Psychiatry (10 obras) · Human rights (9 obras) · Mental health (8 obras) · Medicine (7 obras) · Sociology (7 obras)