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Law Project for Psychiatric Rights

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SOWK 2035 Group A Presentation

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Page 1: Law Project for Psychiatric Rights

Law Project for Psychiatric Rights

Page 2: Law Project for Psychiatric Rights

What is the Law Project of Psychiatric

Rights?

• The Law Project of Psychiatric Rights (PsychRights) is a

non-profit public interest law firm exempted from federal

income tax, under section 501 (c) (3) of the Internal

Revenue Code of the United States on the 6th November

2002. The code recognizes the firm as a public charity,

rather than a private institution.

Page 3: Law Project for Psychiatric Rights

MANDATELaw Project for Psychiatric Rights

Page 4: Law Project for Psychiatric Rights

Mandate…

• The Law Project of Psychiatric Rights is mandate to oversee the implementation of a strategic legal campaign, denouncing forceful administration of psychiatric drugs and electroshock in the United States.

• The campaign highlights the importance of public education concerning the truth, and providing alternative options to the drugs.

• The alternatives they suggest should be non-coercive and non drug based, with a reputation of having led to recovery of many individuals.

• This would present the courts of

law with less restrictive

alternatives available which

would present these

psychological patients an

opportunity to choose their

mode of treatment.

• In the event that sufficient legal

pressure is mounted,

PsychRights believes that the

courts will not be in a position to

enforce forced drugging.

Page 5: Law Project for Psychiatric Rights

ROLE OF PSYCH RIGHTS

ORGANIZATION

Page 6: Law Project for Psychiatric Rights

Role…

• The role of the PsychRights organization is to ensure that there is fairness when handling issues relating to administration of legal matters in the psychological health system.

• This is in light with the practices by the public mental health systems, that are aggravating the situation by their forceful administration of drugs, widely known to be ineffective, harmful and with potential risks of addiction.

• Such decisions to force countless number of people to take such drugs by the courts comes as a result of their being misled by inadequate and untruthful evidence.

• PsychRights thus undertakes the necessary research on such, and publishes them on their website.

Page 7: Law Project for Psychiatric Rights

WEBSITE REVIEWwww.psychrights.org

Page 8: Law Project for Psychiatric Rights

Review of PsychRights

Website, Resources and Writing• „Home‟ and „About Us‟ page

explicitly underscored who they are, what they do and where there are based.

• Among the resources available on their website include articles on psychiatry, scientific research, topics, video and audio information, and an archive of documented files.

• Current social media functionality is also embedded with the availability of a Facebook and Twitter handle.

• A special sections dubbed „Everyday Horrors of the Mental Health System‟, gives former patients a chance to share their stories.

• Most of the resources available on PsychRightswebsite are endeared towards the enlightenment on issues pertaining to psychological challenges.

• All the writing and resources are accessible to all members of the public.

Page 9: Law Project for Psychiatric Rights

DISCUSSION WITH JIM

GOTTSTEINPresident, The Law Project for Psychiatric Rights

Page 10: Law Project for Psychiatric Rights

Jim Gottstein

Mr. Gottstein was

contacted by telephone

on February 21, 2014,

and kindly provided his

time to explain some

significant issues

pertaining to his

organization,

PsychRights. Note that

the following section

relates to this interview

but are not all his direct

quotes.

Mr. Jim Gottstein [Digital image]. (n.d.). Retrieved from www.psychrights.org

Page 11: Law Project for Psychiatric Rights

The collaboration of other Alaskan grass roots based programs have

been “wildly successful” however have continuing funding issues.

The funding that has been received is adequate enough to sustain

progression. Alaska has a special fund called “Mental Health Trust

Authority” fund that was acquired through land in Alaska, once seized

by the State, but repaid in money and land. Approximately $350

million in funds that is used towards mental health initiatives. It’s not

the dollar amount that is key, it’s the way the money and trust is used:

1) Truly unique and beneficial because it spends the money without

legislative control

2) Improves the lives of the beneficiaries instead of concerning itself

with bureaucratic “spending”, which usually finds a way to save

money on these initiatives

CHOICES and Soteria house Alaska were co-founded by Mr.

Gottstein. Mr. Gottstein highly touts the work and success of the

Soteria house. He receives many calls from around the world

inquiring about Soteria house. Other States have tried to mimic the

PsychRights model in Alaska in other states, Vermont is one state

Mr. Gottstein recalls as being a state that is trying to move forward

with a program similar to one like Soteria house, but does not believe

they have gotten very far. There is currently a petition against the

opening of a Soteria type home in Vermont but he’s unsure what the

status is now.

Nb: The Peer Housing initiative, also co-founded by Mr. Gottstein, was terminated due

to a lack of funding and organization of volunteers. It was mostly run by volunteers

In Alaska, PsychRights

seems to collaborate with

various grassroots based

organizations (like

CHOICES, Soteria-Alaska)

that provide alternatives

for people diagnosed with

mental illness. How has

this collaboration made

PsychRights' progress

more effective for

consumers and their

families? How has this

progressive perspective

and collaboration

garnered respect in other

states and has any state

shaped similar models (to

Alaska's)?

Discussion with Jim

Gottstein

Page 12: Law Project for Psychiatric Rights

Discussion with Jim Gottstein

What do you know about the rest of the States in terms of progress with respect to alternative care? Where (which state) do you see the most forced drugging for mental illnesses and the most challenges against alternative solutions?

Despite the amount of progress PsychRights has made within Alaska, Mr. Gottstein stated that he felt that all states were still doing “terrible” when it came to rights of mental illnesses and to the drugging of individuals, especially children. As mentioned earlier, Vermont is in the process of trying to open a Soteria like program in Vermont but has been delayed due to objections.

PsychRights is mostly concerned with judge ordered forced medication. Does the order have to have already taken place?

PsychRights concerns itself with strategic legislation and changing public attitudes. Yes, they will deal with cases whereby an order has been made against an individual to take medication against their will –unconstitutional. There have been 4 major cases Mr. Gottstein and his team have won in Alaska and one recently lost. He is looking to have this case go before the US Supreme Court.

Page 13: Law Project for Psychiatric Rights

Simply put, the list of drugs describes what the drugs are

intended for. If the drug is listed in the red column or not

listed at all, then it’s not part of the Medicaid program and

should not be used. However, sometimes drugs listed in

the white column are prescribed for uses that it was not

intended for. For example, Seroquel, a drug created to

relieve symptoms of manic phase of bipolar or

schizophrenia has been prescribed for insomnia.

Therefore, in this Seroquel example, it will not be covered

by Medicaid. But doctors use fraudulent behaviours in

prescribing various drugs for various reasons, not

necessarily what they are intended for.

I like the chart of medications listed in your power point presentation (re: drugging of children). Can you please explain what you mean by medically accepted indication (white areas), pediatric indication, not supported by Drugdex (orange), and not FDA or Drugdex supported (red)?

Discussion with Jim

Gottstein

Page 14: Law Project for Psychiatric Rights

Discussion with Jim GottsteinThere is considerable information on

drugging of children. What are your

thoughts about this?

Mr. Gottstein feels, with much conviction, that

children should not be given drugs that

damage their brain. There is no justifiable

reason to give a child brain damaging drugs

to children with psychotic episodes. Mr.

Gottstein talks about a psychiatrist in

California, Dr. Tony Stanton (see article about

The Seneca Project, article), who worked

with “the most troubled kids” and who were

previously given medication to control their

behaviours. The in-patient residential

program works towards a drug-free

rehabilitation and was very successful.

Mr. Gottstein concluded with again stating

that children should not be given medications

but adults can choose. All persons (namely,

adults) requiring intervention should be

properly informed of ALL their options, not

just medical options, so their decision is

educated.

What are your plans or hopes for the

future of PsychRights?

Gottstein: (Chuckling)…”that the necessity

of it will go away”. Mr. Gottstein seriously

acknowledged that there would not be a

time when PsychRights services would

NOT be needed; however, he hopes that it

can raise more money for more resources

and more lawyers. In the immediate

future, Mr. Gottstein hopes to make it US

Supreme Court to fight [for due process

rights].

Interview with Jim Gottstein [Telephone interview].

(2014, February 21).

Page 15: Law Project for Psychiatric Rights

CONTRIBUTIONS TO THE

MAD MOVEMENT

Page 16: Law Project for Psychiatric Rights

Contributions …• Gives survivors a voice.

• Brings public awareness to the atrocities happening in hospital settings.

• Advocates not only to resolve conflicts for survivors in the past but also aims to set precedence for an acceptable level of practice in the future.

• Legally represents the arguments surrounding forced pharmaceuticals such as:• The detrimental effects

• The drugging of children

• The creation of an abundance of adverse side effects

• The unwanted and unethical intervention of the court system

• PsychRights is giving individuals who otherwise would be voiceless, the chance to advocate for their rights.

• The actions taken by PsychRights are empowering those who have been beaten by the system to fight back.• This is creating global awareness of the mad movement

• Clearly outlines that one cannot be treated as subhuman because of their mental illness but rather they are human beings with free will.

• Ultimately promotes the choice every individual has to be the most important part of the treatment decision and process.

Page 17: Law Project for Psychiatric Rights

HISTORICAL IMPORTANCE

OF PSYCHRIGHTS IN THE

MAD MOVEMENT

Page 18: Law Project for Psychiatric Rights

Historical Importance …

• The Mad Movement is a movement of mental health

consumers, former users, and their allies who seek to raise

awareness and support for those affected by the mental health

system

• Its use of media campaigns and global media outlets have

been to take back terms which had been associated with

• This movement greatly opposes electroshock therapy, which

they term as 'torture' based on psychiatric pseudo science.

• Mad Movement has been used to raise awareness and re-

educate individuals about the truths of the mental health

system and the experience of those living with mental illnesses

• Jim Gottstein, President and activist for PsychRights added to

Mad Movement's voice, by proclaiming defense to individuals

being subjected to the horrific „treatments‟.

Page 19: Law Project for Psychiatric Rights

Historical Importance …

• Gottstein also assures the movement of PsychRights

commitment to exposing this vice

• PsychRights also committed themselves to ensuring that

attorneys assigned to represent state hospital mental

health consumers dispense their roles sufficiently in order

to ensure adequate and legal representation.

• PsychRights has actively promoted events organized by

the Mad Movement and helps in its goal of awareness.

• PsychRights and the Mad Movement have the same

views on many things like electric shock

treatment, however PsychRights has worked at stopping

involuntary treatments on individuals through legal

intervention.

Page 20: Law Project for Psychiatric Rights

FUTURE PLANSThe Law Project for Psychiatric Rights

Page 21: Law Project for Psychiatric Rights

Future …

• PsychRights plans to expand their strategic campaigns so as to cover more afflicted mental health consumers.

• They also seek to introduce numerous alternatives to the current mode of medication.

• Future goal (as well as current) has focus on the effects of drugging of children and elderly

• There are also efforts to increase public education coverage on the issues facing the mentally ill.

• This will increasingly empower the rights of the psychologically challenged, as well as improve their standing in the society.

• De-stigmatization of mental diseases is their core goal at the current moment.

Page 22: Law Project for Psychiatric Rights

WWW.PSYCHRIGHTS.ORG

Page 23: Law Project for Psychiatric Rights

Group A

Presentation by:

Heidi Walters

Tracey Luberto

Bridget Irvin

Jake Krembil

Maryan Musse

Page 24: Law Project for Psychiatric Rights

Appendix 1

• The following YouTube Video entitled “Role of Litigation in

a Strategic Approach to Mental Health System Change” is

provided as an optional watch as it an hour length

however provides valuable and interesting information.

Page 25: Law Project for Psychiatric Rights

ReferencesChamberlin, Judi (1978). On Our Own: Patient-Controlled Alternatives to the Mental Health

System. New York: Hawthorne

Gottstein, J. (2014, February 15). Law Alternative And Change [Web log post]. Retrieved from

https://www.madinamerica.com/author/jgottstein/

Gottstein, J. (2013, September 21). Role of Litigation in a Strategic Approach to Mental Health

System Change. Speech presented at Annual Rights Conference of the National

Association of Rights Protection and Advocacy (NARPA), Hartford,CT. Retrieved from

http://www.youtube.com

Gottstein, J. (2012, February 22). The Psychiatric Drugging of Children & Elderly. Lecture

Presented at Alaska Pacific University, Anchorage, AK. Retrieved from

http:www.youtube.com

Law Project for Psychiatric Rights. (2014, February 8). Retrieved from

http://www.psychrights.org

Reaume, Geoffrey (2008). A History of Psychiatric Survivor Pride Day during the 1990s.

Resource Centre Bulletin.