Mental Illness and Public Authority: A Rights-Based Framework
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Authors
Firew, Wondwossen Wakene
Date
2025-01-28
Type
thesis
Language
eng
Keyword
Mental Illness , Public Authority , Human Rights
Alternative Title
Abstract
This project explores the intersection between mental illness, public authority, and human and constitutional rights.
The project has two main aims. The first is to formulate a general legal framework that regulates the relationship between state power and mentally ill persons. After observing the inhuman and degrading history of this relationship, this project delineates the way in which human and constitutional rights compel public authorities to both refrain from interfering with the rights of mentally ill persons and to take affirmative steps to protect their rights. This project explores how these obligations constrain both legislative and administrative authority.
The second is to apply this framework to the situation in Ethiopia. The failure of the Ethiopian state to enact mental health legislation has resulted in a system in which administrative actors make decisions impacting rights in the absence of legal constraint or judicial oversight. I argue that Ethiopia must take immediate action to safeguard the rights of individuals with mental illness. A mental health act, robust administrative law principles, and meaningful judicial oversight are essential if the rights of individuals with mental illnesses are to be respected, protected, and fulfilled.
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ProQuest PhD and Master's Theses International Dissemination Agreement
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Copying and Preserving Your Thesis
This publication is made available by the authority of the copyright owner solely for the purpose of private study and research and may not be copied or reproduced except as permitted by the copyright laws without written authority from the copyright owner.
Attribution-NonCommercial-NoDerivatives 4.0 International