scholarly journals The need to reform mental health legislation in Commonwealth countries

2014 ◽  
Vol 11 (1) ◽  
pp. 1-2 ◽  
Author(s):  
Soumitra Pathare ◽  
Laura Shields ◽  
Jaya Sagade ◽  
Renuka Nardodkar
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
United Nations ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
Health Legislation

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) serves as a comprehensive and legally binding framework for the rights of persons with mental illness. The extent to which countries have adapted their mental health legislation to reflect the binding provisions outlined in the CRPD is unclear. This paper reviews the situation across the Commonwealth.

scholarly journals Mental health legislation in Botswana

2018 ◽  
Vol 16 (03) ◽  
pp. 68-70
Author(s):  
J. Maphisa Maphisa
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorders ◽  
United Nations ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
Health Legislation

The Mental Disorders Act of 1969 is the primary legislation relating to mental health in Botswana. Despite the country not being a signatory to the United Nations Convention on the Rights of Persons with Disabilities, its Act has a self-rated score of four out of five on compliance to human rights covenants. However, it can be argued that the Act does not adequately espouse a human rights- and patient-centred approach to legislation. It is hoped that ongoing efforts to revise the Act will address the limitations discussed in this article.

scholarly journals Influence of the new mental health legislation in India

2019 ◽  
Vol 17 (1) ◽  
pp. 20-22
Author(s):  
Rakesh K. Chadda
Keyword(s):  
Mental Health ◽  
United Nations ◽  
Mental Healthcare ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
Health Legislation

This paper discusses the influence of the Mental Healthcare Act 2017 on mental healthcare in India. The new Act was introduced to meet the recommendations of the United Nations Convention on the Rights of Persons with Disabilities. Reforms proposed in the new legislation, challenges in their implementation and their effects on mental healthcare in the country are further discussed.

scholarly journals Comparing legislation for involuntary admission and treatment of mental illness in four South Asian countries

2019 ◽  
Vol 13 (1) ◽  
Author(s):  
Sangeeta Dey ◽  
Graham Mellsop ◽  
Kate Diesfeld ◽  
Vajira Dharmawardene ◽  
Susitha Mendis ◽  
...  
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
South Asian ◽  
Political Support ◽  
World Health ◽  
Involuntary Admission ◽  
Asian Countries ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
Health Legislation

Abstract Background Involuntary admission or treatment for the management of mental illness is a relatively common practice worldwide. Enabling legislation exists in most developed and high-income countries. A few of these countries have attempted to align their legislation with the United Nations Convention on the Rights of Persons with Disabilities. This review examined legislation and associated issues from four diverse South Asian countries (Bangladesh, India, Pakistan and Sri Lanka) that all have a British colonial past and initially adopted the Lunacy Act of 1845. Method A questionnaire based on two previous studies and the World Health Organization checklist for mental health legislation was developed requesting information on the criteria and process for involuntary detention of patients with mental illness for assessment and treatment. The questionnaire was completed by psychiatrists (key informants) from each of the four countries. The questionnaire also sought participants’ comments or concerns regarding the legislation or related issues. Results The results showed that relevant legislation has evolved differently in each of the four countries. Each country has faced challenges when reforming or implementing their mental health laws. Barriers included legal safeguards, human rights protections, funding, resources, absence of a robust wider health system, political support and sub-optimal mental health literacy. Conclusion Clinicians in these countries face dilemmas that are less frequently encountered by their counterparts in relatively more advantaged countries. These dilemmas require attention when implementing and reforming mental health legislation in South Asia.

A new United Nations ‘disability’ convention

2017 ◽  
Author(s):  
George Szmukler
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
United Nations ◽  
Involuntary Treatment ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) presents in a tailored form the rights of such persons. Mental health disabilities are included. While the Convention is most welcome, it is hugely challenging when it comes to involuntary treatment. Important authorities have interpreted it as excluding all forms of ‘substitute decision-making’. The Convention demands ‘respect for the rights, will and preferences’ of persons with disabilities. This chapter examines the meaning of ‘will’ and of ‘preference’. A problem arises when a person’s currently expressed ‘preference’ (or desire or wish) diverges from the person’s ‘will’ (taken to mean a person’s relatively enduring and deeply held value commitments). Both cannot be respected at the same time. Which should have precedence? The method of ‘interpretation’ discussed in Chapter 7 allows such a determination to be made, and aligns the ‘fusion law’ proposal with the objectives of the Convention.

scholarly journals Why it’s time to stop saying “mental illness”:  A commentary on the revision of the Irish Mental Health Act

2021 ◽  
Vol 4 ◽  
pp. 28
Author(s):  
Malcolm MacLachlan ◽  
Rebecca Murphy ◽  
Michael Daly ◽  
Philip Hyland
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
United Nations ◽  
Mental Disorder ◽  
Best Practice ◽  
Mental Health Problems ◽  
World Health ◽  
Persons With Disabilities ◽  
Mental Health Act ◽  
The United Nations

The Irish Mental Health Act (2001) is undergoing revision.  In 2014 an Expert Review Group recommended that the term currently used in the act “mental disorder”, should be replaced with the term “mental illness”.  We argue that the proposed change, while well intentioned, contradicts the internationally adopted terminology of “mental disorder” used by the United Nations, World Health Organisation and European Commission. The term “mental illness” is atavistic, it implies an unsupported cause, it contravenes the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), and it is associated with concerns regarding stigma and reduced self-efficacy.  Furthermore, the term “mental illness” is not used in any internationally accepted diagnostic or classification system in the mental health field. While any term used to describe mental health problems, may be contested, Ireland should not revert to using archaic terminology.  In accordance with international best practice, and perhaps in lieu of a willingness to accept more progressive alternatives, Ireland should continue to use cause-neutral terminology, such as “mental disorder”, in the revised Mental Health Act.

scholarly journals An end to psychiatric detention? Implications of the United Nations Convention on the Rights of Persons with Disabilities

2014 ◽  
Vol 204 (3) ◽  
pp. 174-175 ◽  
Author(s):  
Brendan D. Kelly
Keyword(s):  
Mental Illness ◽  
United Nations ◽  
Persons With Disabilities ◽  
The Disabled ◽  
United Nations Convention ◽  
The United Nations ◽  
Definition Of ◽  
The Uk

SummaryThe United Nations Convention on the Rights of Persons with Disabilities is a welcome articulation of the rights of the disabled. However, as its definition of disability appears to include mental illness, the UK appears to violate it by linking mental illness with detention. Clarity and, possibly, change are needed.

Sign in / Sign up

Export Citation Format

Share Document