scholarly journals Harnessing the power of fusion? A valiant but flawed effort to obviate the need for a distinct mental health law

2014 ◽  
pp. 23
Author(s):  
Paul S. Appelbaum
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Differential Treatment ◽  
Health Law ◽  
Involuntary Hospitalization ◽  
Mental Health Law ◽  
The Past ◽  
Medical Disorders ◽  
Current Proposal

<p>When it comes to involuntary interventions, the notion that people with mental disorders should be treated identically to persons with general medical disorders has an undoubted appeal. As Dawson and Szmukler have argued previously, principles of fairness and non-discrimination would appear to be well served by basing involuntary hospitalization and treatment in both contexts on incapacity to provide consent. In this commentary, I take note of some of the intellectual forebears of the Szmukler, Daw, and Dawson proposal, and ask why – despite the formidable intellects that have lined up behind similar approaches in the past – they have not been adopted. I also consider some aspects of the current proposal itself, including the unresolved tensions between equal and differential treatment of persons with mental disorders, and the potential practical consequences, especially for persons with general medical disorders. I conclude that the rationale for fusing two disparate bodies of law may itself be irremediably flawed, and the undesirable consequences significant.</p><p> </p><p> </p>

scholarly journals Mental health law in Saudi Arabia

2018 ◽  
Vol 15 (1) ◽  
pp. 17-19
Author(s):  
Jessica Carlisle
Keyword(s):  
Mental Health ◽  
Saudi Arabia ◽  
Psychiatric Patients ◽  
International Standards ◽  
World Health ◽  
Health Law ◽  
Kingdom Of Saudi Arabia ◽  
Mental Health Law ◽  
The Past ◽  
Health Organization

During the past 30 years the Kingdom of Saudi Arabia has developed an extensive hospital-based mental health system culminating in the passing of a mental health law in 2014. This legislation embodies many of the international standards promoted by the World Health Organization. However, the mechanisms for protecting the human rights of psychiatric patients are neither sufficiently independent nor adequately robust.

scholarly journals Mental health law in Ghana

2017 ◽  
Vol 14 (2) ◽  
pp. 38-39 ◽  
Author(s):  
George Hudson Walker ◽  
Akwasi Osei
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Health System ◽  
Mental Health System ◽  
Mental Healthcare ◽  
Health Law ◽  
Community Based ◽  
Mental Health Law ◽  
Mental Health Act ◽  
New System

In 2012 Ghana passed a new Mental Health Act, which aimed to create a new system of mental healthcare in Ghana. The Act includes provisions for the creation of a modern, community-based mental health system and for the protection of the rights of persons with mental disorders. This article discusses the implications of the Act and the progress which has been made towards its implementation.

scholarly journals Mental health law in Colombia

2015 ◽  
Vol 12 (4) ◽  
pp. 92-94 ◽  
Author(s):  
Roberto Chaskel ◽  
James M. Shultz ◽  
Silvia L. Gaviria ◽  
Eliana Taborda ◽  
Roland Vanegas ◽  
...  
Keyword(s):  
Mental Health ◽  
Policy Development ◽  
Mental Healthcare ◽  
Epidemiological Data ◽  
Health Law ◽  
Mental Health Law ◽  
The Past ◽  
Law And Policy ◽  
Laws And Policies ◽  
Health Laws

Mental health law in Colombia has evolved over the past 50 years, in concert with worldwide recognition and prioritisation of mental healthcare. Laws and policies have become increasingly sophisticated to accommodate the ongoing transformations throughout Colombia's healthcare system and improvements in mental health screening, treatment and supportive care. Mental health law and policy development have been informed by epidemiological data on patterns of mental disorders in Colombia. Colombia is distinguished by the fact that its mental health laws and policies have been formulated during a 60-year period of continuous armed conflict. The mental health of Colombian citizens has been affected by population-wide exposure to violence and, accordingly, the mental health laws that have been enacted reflect this feature of the Colombian experience.

scholarly journals Mental health law reforms in Uganda: lessons learnt

2014 ◽  
Vol 11 (2) ◽  
pp. 39-40 ◽  
Author(s):  
Joshua Ssebunnya ◽  
Sheila Ndyanabangi ◽  
Fred Kigozi
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Clinical Care ◽  
Health Law ◽  
Mental Health Law ◽  
Work In Progress ◽  
Lessons Learnt ◽  
Mental Health Legislation ◽  
Health Legislation

Ugandan mental health legislation, which dates from 1964, principally aims to remove persons with mental disorders from the community but also to protect their safety, by keeping them in confinement, although this has been without consideration for clinical care. In response to criticism from various stakeholders and advocates and the need to reflect modern clinical care, Uganda undertook to review and amend the mental health legislation, as part of the Mental Health and Poverty Project (MHaPP). We report on work in progress advancing new legislation.

scholarly journals Mental health legislation in Algeria

2017 ◽  
Vol 14 (1) ◽  
pp. 12-15 ◽  
Author(s):  
Zoubir Benmebarek
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Healthcare Providers ◽  
Health Law ◽  
Colonial Era ◽  
Mental Health Law ◽  
Delivery Of Care ◽  
Mental Health Legislation ◽  
French Colonial ◽  
Health Legislation

Mental health law in Algeria originates from the French colonial era. Although several pieces of legislation deal with mental disorders, their implementation remains unsatisfactory and does not meet the real needs of healthcare providers. Amendment of the current mental health law is required to enhance the delivery of care but also to protect those with a mental disorder from abuse.

scholarly journals Rates and Correlates of Involuntary Hospitalization in a Large Psychiatric Hospital 2014-2017 under China’s Mental Health Law introduced in 2013

2020 ◽  
Author(s):  
Yarong Ma ◽  
Robert Rosenheck ◽  
Hongbo He
Keyword(s):  
Mental Health ◽  
Logistic Regression ◽  
Regression Analysis ◽  
Psychiatric Hospital ◽  
Logistic Regression Analysis ◽  
Mental Illnesses ◽  
Health Law ◽  
Involuntary Hospitalization ◽  
Mental Health Law ◽  
Adjusted Risk

Abstract Background: Involuntary hospitalization (IH) is a controversial issue in psychiatry as it risks violation of the human right to autonomy. This study aimed to examine the rates and correlates of IH in a large psychiatric hospital from 2014-2017 after China’s Mental Health Law (MHL) was implemented in 2013 specifying criteria for IH and a structured assessment was required for IH.Methods: Unduplicated electronic medical records concerning all inpatients admitted to the Guangzhou Psychiatric Hospital with primary psychiatric diagnoses were examined and trends in annual IH rates were examined. We extracted medical, sociodemographic and socioeconomic data from these records to identify correlates of IH using bivariate chi square tests followed by logistic regression analysis. Results: Of 11,086 hospitalized patients, there was a significant but small increase from 71.6% to 74.9% in rates of IH in the years after the structured assessment was implemented. Logistic regression analysis showed IH was positively associated with being younger, having a local residence, and a diagnosis of bipolar disorder, schizophrenia spectrum disorders or a substance abuse disorder as compared to those diagnosed with major depressive disorder.Conclusions: Adjusting for these factors those with IH had a longer length of stays. Under China’s Mental Health Law in 2013, and a locally implemented checklist, the adjusted risk of IH increased significantly, but by only 3.3% from 2014 to 2017. IH was greatest younger patients with severe mental illnesses, and those with local access to psychiatric hospital services.

How mental health law discriminates against persons with mental illness

2017 ◽  
Author(s):  
George Szmukler
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorders ◽  
Patient Autonomy ◽  
Self Determination ◽  
Health Law ◽  
Legal Systems ◽  
Involuntary Treatment ◽  
Mental Health Law ◽  
People With Mental Illness

Mental health law discriminates against people with mental illness when it comes to detention and involuntary treatment. This is evident when we compare such law with that applying in the rest of medicine, certainly in countries with well-developed legal systems. Mental health law fails to respect patient ‘autonomy’ (or self-determination) in the same way as it does in the rest of medicine. Furthermore, a confusion between a person’s health interests and the protection of others results in laws permitting the preventive detention of people with mental disorders—probably uniquely so—on the basis of ‘risk’ of harm, without any offence having been committed. Though people with mental illness are responsible for a very small percentage of violent offences, they can be preventively detained—on grounds reserved for them—while people without a mental illness—equally risky to others or even more so—cannot.

Protection of Persons with Mental Health Disorders in Romania

2020 ◽  
Vol 66 (2) ◽  
pp. 277-287
Author(s):  
Maria-Lavinia Tec
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Medical Treatment ◽  
Civil Law ◽  
Mental Health Disorders ◽  
Civil Code ◽  
Legal Capacity ◽  
Health Law ◽  
Mental Health Law ◽  
Health Disorders

In Romania, the protection of persons with mental health disorders concerns various legal institutions central to civil law. The protective instruments in place vary between general instruments of civil law (Civil Code of 2009 and special measures in specific legislation, in particular the Mental Health Law of 2002. The Mental Health Law provides for medical measures, in particular voluntary and compulsory hospitalisation in a psychiatric hospital or compulsory ambulatory medical treatment. The Law also provides for procedural safeguards in case of compulsory measures. When it comes to legal capacity, the Civil Code provides for certain protective regimes that can be established for adults with mental disorders. A person that is unable to take care of its interests may be put by court under “judicial interdiction” meaning that legal capacity is reduced to small transactions with immediate performance, and a special guardian is to be appointed. Another instrument, the assistence of elderly people, has been introduced by a special law.

14. Mental Health and Human Rights

2019 ◽  
pp. 462-489
Author(s):  
G. T. Laurie ◽  
S. H. E. Harmon ◽  
E. S. Dove
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorders ◽  
Civil Liability ◽  
Legal Aspects ◽  
Compulsory Treatment ◽  
Health Law ◽  
Mental Health Law ◽  
Health And Human Rights

This chapter discusses ethical and legal aspects of mental health and its management. It covers the evolution of mental health law, paternalism and capacity, and the treatment framework, which includes standards for informal treatment and compulsory treatment, and safeguards of liberty. It also addresses a range of issues from the human rights perspective, and mental disorders and criminality, as well as civil liability.

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