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QLLM455 Mental Health Law: The Mental Capacity Act (Sem 1)

Module description

The Mental Capacity Act (MCA) provides the legal framework for making decisions on behalf of people who lack the mental capacity to decide for themselves. This course will discuss how, under the MCA, capacity should be assessed and what shall be considered when a decision has to be made on behalf of those who lack capacity. The central question is whether, in light of the human rights legislation, the MCA strikes the right balance between respecting the autonomy of individuals and protecting their welfare. The cases discussed in this course include, for instance, the force-feeding of anorexia  patients, the withdrawing of artificial nutrition and hydration from people in a vegetative state, and the reproductive rights of people with learning disabilities. 



Applicable Groupings

  • LLM in Human Rights Law
  • LLM in Medical Law
  • LLM in Criminal Justice
  • Laws (General)
  • LLM Flexible Study.

Mode of Assessment

5,000 word course essay


22.5 credits

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