Friday, 10 December 2010

The problem with the Human Rights Act. It gives no rights to psychiatric patients and punishes them as they do criminals

It's fundamentally anti-psychiatric rights.

From this excellent blog.
http://ukhumanrightsblog.com/2010/07/23/deprivation-of-liberty-best-interests-test-compatible-with-human-rights-law/

"
Article 5 provides

1. Everyone has the right to liberty and security of person. No one
shall be deprived of his liberty save in the following cases and in
accordance with a procedure prescribed by law:

(e) the lawful detention of persons … of unsound mind…
"

The law means psychiatric patients are treated as criminals.

Important legal case information on Deprivation of Liberty and The Human Rights Act Article 5

http://www.coehelp.org/mod/resource/view.php?inpopup=true&id=1345

ECHR case of Aerts v. Belgium, application number 25357/94, 30/07/1998

"

The first complaint of the applicant:

The applicant complains to the European Court of Human Rights that he had been detained in breach of Article 5 § 1 (e) of the Convention on account of his continued detention in the psychiatric wing of a prison, pending his transfer to the Social Protection Centre X, which had been designated as his place of detention by the Mental Health Board's decision of 22 March 1998.


In considering the first complaint of the applicant, the court found a violation of Article 5 § 1 and gave the following grounds (see paragraphs 42 – 50 of Aerts v. Belgium):

Any deprivation of liberty must be done “in accordance with the procedure prescribed by law” and be “lawful.” As such it:


  1. must conform to the substantive and procedural rules of the national law

  2. should be in keeping with the aim of Article 5, namely to protect the individual from arbitrariness


Moreover

  1. there must be a relationship between the ground of permitted deprivation of liberty relied on and the place and conditions of detention.


The Commission found a breach (and the court agreed) of the national law which had foreseen the detention of a mentally ill person in prison as a provisional measure only, pending designation of the institution where the person was to be detained (the applicant spent seven months in the psychiatric wing of the prison waiting for the transfer to his proper place of detention after its designation).


The detention of a person of unsound mind should be “lawful” in the meaning of Article 5 § 1e, if it takes place in a hospital, clinic or other appropriate institution. Thus the psychiatric wing of the prison is an inappropriate place for the applicant (as there was neither regular medical attention nor therapeutic environment).

"

Am I the only one who's somewhat worried that the Mental Health Act 1983 revised in 2007 is illegal


The revisions of the Mental Health Act 1983 in 2007 have created what is potential a pre-crime punishment system. The widened the definition of mental disorder to include psychopathy. The also removed the treatability test, i.e. previously the mental illness had to be treatability otherwise a person couldn't be hospitalised. There are important defintions of what a mental illness is and how personality disorders fit in. This was ignored as was the general consensus of psychiatric thinking, certainly 10 years ago The reference for most of this information is this paper - http://bjp.rcpsych.org/cgi/content/full/180/2/110 and this one http://bjp.rcpsych.org/cgi/content/abstract/153/1/44?ijkey=d37a25014dd3a3864f92f4c7cf60a74e6979a35e&keytype2=tf_ipsecsha.

In the UK incarceration is the worst punishment handed out by society. People are no longer executed. They just have their freedom taken away. There is a huge and well funded criminal justice system that fundamentally believes in one thing: innocent until proven guilty. Hospitalisation without treatment nor what is classically defined as a mental illness is no different to incarceration except it is in a hospital full of very distressed people in crisis states. There is none of the judiciousness of the legal system: no adversarial lawyers, judge nor jury. As far as I am aware there is not a definition of a person with a dangerous personality disorder. The likely hood is it will commonly be persons with Antisocial Personality Disorder (one which relates to psychopathy - more here on the relationship between the two - http://www.psychiatrictimes.com/dsm-iv/content/article/10168/54831).

In theory this means an innocent person can be incarcerated by the NHS having committed no serious crime, held without treatment nor hope of treatment. I am unware of any cases however this is what the law seemed to have been inadvertently designed to create: a system of punishment the same as for a crime but having not actually committed the crime.

So there is a hole in the fundamental rights of free citizens. In fact, in my opinion, this is a significant area for all use of deprived liberty in mental healthcare. It's noteworthy that the deprivation of liberty is the worst punishment most developed world nations exact on the worse criminals. And yet in mental healthcare a person can have ECT used on them without their consent and a free person can lose their liberty without due process or treatment available. They are simply punished the same way a criminal would be for being different.

I guess other people can't see that the use of a Section of the Mental Health Act 1983 is akin to incarceration unless there is treatment involved. The onus should be to offer intensive treatment and the same freedoms as any other citizen so as not to punish the individual. The protocol of depriving liberty is justified on risk to self or someone else. However without mental healthcare treatment - and this is beyond drugging them up to a state of avolition by use of chemical restraint - it is punishment the same as is handed out to people who have committed serious crimes. As someone who's experienced this first hand it may be worse in some psychiatric wards.

There is an illogical situation where there are some psychiatric wards that have worse conditions than the best prisons. But no one gives a fuck about psychiatric patients and justice for them.

I think the law is also illegal but I don't know what law makes it illegal to punish people who've committed no serious crime.

It makes me think of a question. Who watches the watchers? In this context I suppose it's who legislates on the law? The only thing I can think of is the Human Rights Act however it too allows for incarceration without crime. It doesn't seem to note that deprivation of liberty is used as punishment.

The UK criminal justice system has many tenets such as the adversarial system, innocent until proven guilt and due legal process. Though the Human Rights Act sees any deprivation of liberty with the procedure defined by law it doesn't say that the theory of the law should be applied to any deprivation of liberty.

Black men are overrepresented in psychiatric hospital admissions and in the use of the diagnosis of schizophrenia. This happens in the US too. It doesn't happen in the Caribbean. Deprivation of liberty for mental illness is one of those things justified as a necessary evil but because they're to be fundamentally understood as mental illnesses. The privilege of medicine only applies to true illness.

Mental health problems - and I use this in the correct term to define this differences in behaviour, thought, emotion or personality rather than the politically correct euphimisation of mental illness - are different. People with mental health problems suffer social disability and some of them, for example people with a diagnosis of schizophrenia, suffer a severe social disability such that their difference in life outcomes is comparable to people with severe physical disabilities.

However their incarceration with treatment, legal right to expect treatment and denied the same liberty as a citizen who has not committed a serious crime nor apply a rigorous process with the same rigour as if offered to people who've committed a serious crime is totally fucking nuts, and not the sort of nuts that I like.

(In practice this means offering as much of their life outside the confines of a psychiatric ward as possible rather than putting people in conditions that are worst than the best prisons (places used to punish people). It means a system of judicary and solid, reliable evidence rather than conjecture and hearsay). It means the mandatory right to intensive treatment if the person wants it and their choice in options (but the whole choice in treatment thing is a whole 'nother kettle of fish).

Thursday, 9 December 2010

Zyprexa counterfeits, the placebo effect and what's really the biggest medication scam

The men behind the fake Zyprexa prescribed to patients in the UK have
recently been busted. The headline's a bit suss though. Currently the
biggest fake medication scam is the antidepressant. Most of the time it
only works as well as a sugar pill.

Five in court over 'EU's most serious fake medicine scam' - Crime, UK -
The Independent
<http://www.independent.co.uk/news/uk/crime/five-in-court-over-eus-most-serious-fake-medicine-scam-2152769.html>

Really the biggest scam is the SSRI. Here's an excellent article
detailing the problems.
http://www.alternet.org/health/149084/are_antidepressants_a_scam_5_myths_about_how_to_treat_depression_/?page=entire

Hardcore porn for SEO nuts

SEOmoz | Google vs. Bing: Correlation Analysis of Ranking Elements
http://www.seomoz.org/blog/google-vs-bing-correlation-analysis-of-ranking-elements

Search Engine Optimisation is a dark art. It's exemplified by the Google
Bomb.

As the article explains the most significant element of the Google system is being linked to by other well ranked sites. This algorithm is relatively simple. The clever bit is getting it to run in a fraction of a second. This is achieved by the true power of Google: the distributed computing system created by its founders. Google runs on lots of desktop computers with lots of RAM and no hard drive. These provide the number crunching power to run the ranking algorithm.

The article also explains some of the finesse of SEO. The old values of keywords are still relevant but being linked to from well ranked sites is still king.

Anyone who's spoken to an SEO consultant knows that this article is like Playboy's best edition. It's empirical for a start. The dark art is also dabbled in by consultants who don't use empirical evidence.

Wednesday, 8 December 2010

Technology, social disability, transhumanism and healing supposed illnesses: questions

Cyberpunk Review » Robot helps woman walk
<http://www.cyberpunkreview.com/news-as-cyberpunk/robot-helps-woman-walk/>

It's the second video further down the page which is interesting. It's
where a project that started 10-15 years ago has got in making powered
armour for soliders. If I remember right from reading about this project
when it started it'll be another 10-15 years before these suits become
something used on the battlefield.

These suits are the stuff of science fiction but they're become real
just like many ideas from people's imaginations. The powered soldier
will be a huge force multiplier. Think of the soldiers' suits in Avatar.

These also have civilian applications as the article suggests. The
technology can help people who couldn't walk. With bioelectircal
feedback systems wheelchairs will be replaced by walking chairs. A
significant part of the disability ceases to exist.

This is all part of a movement towards transhumanism too. This movement
has a basis in a lot of theoretical thought. It's about constructing a
society where a person can choose to be augmented or not but both be
equal. People are equal regardless of their ability or disability.
People are equal because that's how they're born and that's how we die.
Society is made colourful and wonderful and diverse by a mix not by our
similarities. We're not robots, even if 2010 societal norm expect us to be.

The example I might give to explain what I'm trying to explain, perhaps
poorly, is two blind parents wanting a blind child. We have the
technology now to screen embryos such that there's little chance that
people will be born blind ever again. It's true for a lot of
disabilities. But this idea of disability is something that's foisted on
minorities by the consensus tribe, i.e. the 'normals' (or automotons in
my preferred language).

Blind people value their blindness and their diversity. They're part of
the human race. Their experiences are vital to our collective
consciousness. To me blindness is as normal as sight but I use the word
normal in this case to mean acceptable or part of the human race. A
disability exists but this is a problem with society and civilisation.
This idea of social disability applies to all disabilities but is
perhaps most significant in mental health.

So the ideals of transhumanism are inline with the purist ideals of the
social model of disability. People will have a right to chose to be
technologically enhanced or remain human, however 'disabled' that may
be, because first and foremost humans are what we are. Mad, blind or
whatever.

Important though on new Articulated Naturality applications from a media barrister

I had a conversation last night about the new internet with a couple of
old friends. I think they were both wowed by the potential but wary of
the dangers too just as I was.

One of them, a senior barrister, made an important point. I'd been
looking at totally new avenues where the Articulated Naturality Web can
affect human life. He made an important point. Make things better that
already exist.

So a simple one would be the navigation application. Adding 3D objects
guiding a person to their destination makes navigation better. Finding a
late night bar nearby that still serves is an essential application and
an AN interface will make it easier for drunks to stumble to their
destination with large arrows appearing in their phone view of the real
world.

So really there's two directions for new AN applications: making things
that exist better and making things exist that only exist in the mind's
of sci-fi authors.

About Me

We It comes in part from an appreciation that no one can truly sign their own work. Everything is many influences coming together to the one moment where a work exists. The other is a begrudging acceptance that my work was never my own. There is another consciousness or non-corporeal entity that helps and harms me in everything I do. I am not I because of this force or entity. I am "we"