scholarly journals You Can’t Go Outside: Involuntary Hospitalization and Access to the Outdoors in Health Care

2020 ◽  
Vol 2019 (25) ◽  
pp. 26
Author(s):  
Julia Murphy

<p>This paper will explore the practice of withholding a person’s access to the outdoors while under involuntary hospitalization, or civil commitment, in the province of Ontario, Canada. Following a question from the author’s clinical practice, the paper asks: Are we denying mental health patients a right that is protected for prisoners?<br />An overview of the structure of the Canadian legal system and the role of international human rights law in local legislation is offered to situate lack of outdoor access under civil commitment in a broad legal context. The intention of legal and ethical positions described in human rights and mental health law will be considered in light of how these support or negate current practices in health care. Key issues of civil commitment will be defined. Law and policy governing outdoor access in other institutions such as prisons and detention centers will be outlined as a point of comparison.</p><p><br />The purpose of this paper is to serve as a guide to thinking through the issue of institutional confinement without access to the outdoors when a person’s independent freedom of movement is compromised, legally or otherwise. Should there be future interest in challenging this practice, this paper will be useful as a primer for how to approach legislation and institutional policy.</p><p><br />Key words: Canadian legal system; Mental Health Act (1990); Ontario; Deprivation of liberty; Ultra vires; Human rights; Psychiatric nursing; Hospital design; Outdoor spaces; Fresh air; Patient rights; Civil commitment</p>

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Solomon Nyame ◽  
Edward Adiibokah ◽  
Yasmin Mohammed ◽  
Victor C. Doku ◽  
Caleb Othieno ◽  
...  

Abstract Background In low- and middle-income countries, the paucity of conventional health services means that many people with mental health problems rely on traditional health practitioners (THPs). This paper examines the possibility of forging partnerships at the Primary Health Care (PHC) level in two geopolitical regions of Ghana, to maximize the benefits to both health systems. Methods The study was a qualitative cross-sectional survey. Eight (8) focus group discussions (FGDs) were conducted between February and April 2014. The views of THPs, PHC providers, service users (i.e. patients) and their caregivers, on the perceived benefits, barriers and facilitators of forging partnerships were examined. A thematic framework approach was employed for analysis. Results The study revealed that underlying the widespread approval of forging partnerships, there were mutual undertones of suspicion. While PHC providers were mainly concerned that THPs may incur harms to service users (e.g., through delays in care pathways and human rights abuses), service users and their caregivers highlighted the failure of conventional medical care to meet their healthcare needs. There are practical challenges to these collaborations, including the lack of options to adequately deal with human rights issues such as some patients being chained and exposed to the vagaries of the weather at THPs. There is also the issue of the frequent shortage of psychotropic medication at PHCs. Conclusion Addressing these barriers could enhance partnerships. There is also a need to educate all providers, which should include sessions clarifying the potential value of such partnerships.


Author(s):  
Debanjan Banerjee ◽  
Kiran Rabheru ◽  
Carlos Augusto de Mendonca Lima ◽  
Gabriel Ivbijaro

2004 ◽  
Vol 28 (4) ◽  
pp. 114-116 ◽  
Author(s):  
Gavin Rush ◽  
Declan Lyons

The human rights group Amnesty International has recently expanded the range of rights it promotes to include the right of persons with mental illness to enjoy the best available mental health care. The Irish section of Amnesty has launched a report and promotional campaign on the rights of persons with mental illness, using internationally recognised norms of best practice reflected in international conventions that generate binding legal obligations of the Irish state. The report is critical of piecemeal reforms and inadequate resourcing of mental health services, and calls for a more comprehensive implementation of the recommendations of domestic and international reports.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed R.M. Elshobake

Purpose The purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law. Design/methodology/approach Through doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law. Findings It is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law. Research limitations/implications The spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19. Practical implications Based on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations. Social implications This research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees. Originality/value This paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.


2019 ◽  
Vol 12 (4) ◽  
pp. 285-298 ◽  
Author(s):  
Rita Merhej

Purpose Research on mental illness stigma in the Arab world has traditionally focused on socio-cultural barriers that deprive persons with mental illness from their fundamental human right for privacy and informed consent. The purpose of this paper is to address the question whether or not mental health legislations in a number of Arab countries effectively safeguard the human rights of people with mental illness and protect them from stigmatizing and discriminatory practices. Design/methodology/approach A qualitative review of literature was performed over two rounds of search, targeting published research on mental illness stigma in the Arab world from year 2000 until now and existing national mental health legislations in the Arab world, using English and Arabic databases. Findings The review reveals that beyond society and culture, persistence of mental illness stigma in the Arab world may be explained by absent or inefficient monitoring mechanisms of mental health legislations and policies within the health-care setting. Although integration of mental health services into the primary health care system is being gradually implemented as a step toward de-stigmatization of mental illness, more remains to be done to change the stigmatizing behavior of the health personnel toward mental illness. Originality/value Mental health authorities in the Arab world need to be more aware of the public perceptions explaining people’s fear and reluctance to seek mental health care, so as to ensure that the control and monitoring mechanisms at both the primary and mental health care levels foster a human rights, culturally competent, patient-friendly and non-stigmatizing model of mental health care.


2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Pierre Pariseau-Legault ◽  
Sandrine Vallée-Ouimet ◽  
Marie-Hélène Goulet ◽  
Jean-Daniel Jacob

Abstract Background The World Health Organization describes the perpetuation of human rights violations against people with mental health problems as a global emergency. Despite this observation, recent studies suggest that coercive measures, such as seclusion, restraints, involuntary hospitalization, or involuntary treatment, are steadily or increasingly being used without proof of their effectiveness. In nursing, several literature reviews have focused on understanding nurses’ perspectives on the use of seclusion and restraints. Although many studies describe the ethical dilemmas faced by nurses in this context, to this date, their perspectives on patient’s rights when a broad variety of coercive measures are used are not well understood. The aim of this review is to produce a qualitative synthesis of how human rights are actually integrated into psychiatric and mental health nursing practice in the context of coercive work. Methods Noblit and Hare’s meta-ethnographic approach will be used to conduct this systematic review. The search will be conducted in CINAHL, Medline, PsycINFO, ERIC, and Scopus databases, using the PICo model (Population, phenomenon of Interest, Context) and a combination of keywords and descriptors. It will be complemented by a manual search of non-indexed articles, gray literature, and other applicable data sources, such as human rights related documents. Qualitative and mixed-method study designs will be included in this review. Empirical and peer-reviewed articles published between 2008 and 2019 will be selected. Articles will be evaluated independently by two reviewers to determine their inclusion against eligibility criteria. The quality of the selected papers will then be independently evaluated by two reviewers, using the Joanna Briggs Institute’s Checklist for Qualitative Research. Data extraction and content analysis will focus on first- and second-order constructs, that is, the extraction of research participants’ narratives and their interpretation. Discussion This review will provide a synthesis of how psychiatric and mental health nurses integrate human rights principles into their practice, as well as it will identify research gaps in this area. The results of this review will then provide qualitative evidence to better understand how nurses can contribute to the recognition, protection, and advocate for human rights in a psychiatric context. Systematic review registration PROSPERO, CRD42019116862


2016 ◽  
Vol 26 (4) ◽  
pp. 348-354 ◽  
Author(s):  
C. Hanlon

The explicit inclusion of mental health within the Sustainable Development Goals is a welcome development, borne out of powerful advocacy using public health, economic and human rights arguments. As funding comes on line for scale-up of evidence-based mental health care by task-sharing with primary care, it is time to take stock about care for people affected by severe mental illness (SMI). The existing evidence base for task shared care for SMI provides an imperative to get started, but is skewed towards relatively more affluent and urban populations in middle-income countries where specialist mental health professionals provide most of the care. Randomised, controlled trials and rigorous implementation research on task shared service models are underway which will go some way to improving understanding of the quality, safety, effectiveness and acceptability of more widely generalisable care for people with SMI. A sub-group of people with SMI have more complex and long-term needs for care, with a high risk of homelessness, imprisonment and human rights violations as family and social supports become overwhelmed. Case studies from non-governmental organisations provide examples of holistic approaches to rehabilitation, recovery and empowerment of people with SMI, but rigorous comparative studies are needed to identify the most efficient, effective and scalable approaches to care. Health system constraints are emerging as the over-riding barriers to successful task-sharing, highlighting a need to develop and evaluate chronic care models for people with SMI that succeed in reducing premature mortality, improving wellbeing and achieving better social outcomes. Addressing these evidence gaps is essential if task-sharing mental health care is going to deliver on its promise of promoting recovery for the full range of people affected by SMI.


2016 ◽  
Vol 26 (4) ◽  
pp. 383-394 ◽  
Author(s):  
A. Lora ◽  
A. Lesage ◽  
S. Pathare ◽  
I. Levav

Aims.Information is crucial in mental healthcare, yet it remains undervalued by stakeholders. Its absence undermines rationality in planning, makes it difficult to monitor service quality improvement, impedes accountability and human rights monitoring. For international organizations (e.g., WHO, OECD), information is indispensable for achieving better outcomes in mental health policies, services and programs. This article reviews the importance of developing system level information with reference to inputs, processes and outputs, analyzes available tools for collecting and summarizing information, highlights the various goals of information gathering, discusses implementation issues and charts the way forward.Methods.Relevant publications and research were consulted, including WHO studies that purport to promote the use of information systems to upgrade mental health care in high- and low-middle income countries.Results.Studies have shown that once information has been collected by relevant systems and analyzed through indicator schemes, it can be put to many uses. Monitoring mental health services, represents a first step in using information. In addition, studies have noted that information is a prime resource in many other areas such as evaluation of quality of care against evidence based standards of care. Services data may support health services research where it is possible to link mental health data with other health and non-health databases. Information systems are required to carefully monitor involuntary admissions, restrain and seclusion, to reduce human rights violations in care facilities. Information has been also found useful for policy makers, to monitor the implementation of policies, to evaluate their impact, to rationally allocate funding and to create new financing models.Conclusions.Despite its manifold applications, Information systems currently face many problems such as incomplete recording, poor data quality, lack of timely reporting and feedback, and limited application of information. Corrective action is needed to upgrade data collection in outpatient facilities, to improve data quality, to establish clear rules and norms, to access adequate information technology equipment and to train health care personnel in data collection. Moreover, it is necessary to shift from mere administrative data collection to analysis, dissemination and use by relevant stakeholders and to develop a “culture of information” to dismantle the culture of intuition and mere tradition. Clinical directors, mental health managers, patient and family representatives, as well as politicians should be educated to operate with information and not just intuition.


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