scholarly journals THE RIGHT TO MENTAL HEALTH IN BRAZIL AND THE SILENT PANDEMIC

2020 ◽  
Vol 2 (2) ◽  
pp. 42-65
Author(s):  
Taisa Maria Macena De Lima ◽  
Maria de Fátima Sá

This text focuses on the psychological repercussions of the Covid-19 pandemic on mental health. Repercussions that tend to endure in the post-pandemic world. The background of this article is the Brazilian law, and it develops in two parts. The first centered on the legislation hierarchically inferior to the Constitution to protect mental health, and the second focused on reaching the silent pandemic, that is, the mental illness resulting from traumas generated by the new coronavirus pandemic.


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.



2020 ◽  
Vol 4 (3) ◽  
pp. 01-14
Author(s):  
Michael Galvin

We are in an important moment for mental health treatment around the world, as many Low and Middle Income Countries (LMICs) – representing an increasing majority of the world’s population – are currently developing and scaling up services for the first time. Yet, research on Global Mental Health (GMH) best practices remains scattered and difficult to synthesize. This review aims to simplify existing GMH research on effective biomedical and psychosocial treatment approaches from both high-income countries and LMICs to enable a more comprehensive understanding of the benefits and drawbacks of existing interventions, based on the highest quality, up-to-date research. By understanding which treatments are most effective and why, we can begin to not only implement more effective practices, but guide the future of GMH research in the right directions. The purpose of this review is therefore to understand mental illness, what it is, how it was treated in the past, how it manifests differently around the globe, and how to best treat it. Ultimately, while psychosocial approaches are advised for patients with more mild to moderate disorders, medications and other biomedical approaches are recommended increasingly only for more severe cases. While significant evidence exists to justify the use of psychotropic medications for mental illness, their adverse effects indicate that psychosocial approaches should be prioritized as first line treatments, particularly for mild to moderate disorders. As one of the first to analyze this research, this review is useful not only for GMH scholars, but for practitioners and public health workers globally, as well.



2019 ◽  
Vol 6 (1) ◽  
pp. 21-38
Author(s):  
Malavika Parthasarathy

The reproductive justice framework envisions a world where all women, including those situated at the intersection of multiple structures of oppression such as class, caste, sexual orientation, disability and mental health, are able to exercise their right to decisional and reproductive autonomy. S. 3(4)(a) of the Medical Termination of Pregnancy Act, 1971, provides that an abortion cannot be performed on a mentally ill woman without the consent of her guardian. I analyse the Indian Supreme Court’s decision in Suchita Srivastava v. Chandigarh Administration [(2009) 9 SCC 1] in light of contemporary legal developments in the field of disability law and mental health law. The first argument that I make in this paper is that the Rights of Persons with Disabilities Act, 2016, covers persons with mental illness, with the rights in the Act applicable to those with mental illness as well. The second argument rests on the Mental Healthcare Act, 2017, which recognizes the right to privacy and dignity of mentally ill persons, including their capacity to make decisions affecting healthcare. I argue that the judgment, while path-breaking in its recognition of the reproductive rights of disabled women, is inimical to the rights of mentally ill women, perpetuating dangerous stereotypes about their ability to exercise choices, and dehumanizing them. It is imperative for the reproductive justice framework to inform legal discourse and judicial decision-making, to fully acknowledge the right to self-determination and bodily integrity of mentally ill persons.



CNS Spectrums ◽  
2020 ◽  
Vol 25 (5) ◽  
pp. 566-570
Author(s):  
Darci Delgado ◽  
Ashley Breth ◽  
Shelley Hill ◽  
Katherine Warburton ◽  
Stephen M. Stahl

The United States’ criminal justice system has seen exponential growth in costs related to the incarceration of persons with mental illness. Jails, prisons, and state hospitals’ resources are insufficient to adequately treat the sheer number of individuals cycling through their system. Reversing the cycle of criminalization of mental illness is a complicated process, but mental health diversion programs across the nation are uniquely positioned to do just that. Not only are these programs providing humane treatment to individuals within the community and breaking the cycle of recidivism, the potential fiscal savings are over 1 billion dollars.



Author(s):  
Jeremy Colley ◽  
Heather Ellis Cucolo

Chapter 29 includes cases related to the rights of individuals subject to immigration proceedings, with particular focus on the right to be made aware of the potential immigration consequences of taking a guilty, competence to participate in the proceedings, and the related right to representation where competence is in question. While criminal case recommendations are beyond the purview of forensic practitioners, those involved in mental health diversion programs should be aware of the potential consequences of diversion participation for defendants at risk of deportation. In addition, forensic evaluators are called upon to opine about the impact of mental illness and/or cognitive disability on competence to participate in the immigration proceedings. The cases in this chapter include Padilla v. Kentucky and Matter of M-A-M.



2007 ◽  
Vol 24 (1) ◽  
pp. 31-39 ◽  
Author(s):  
John Tobin

AbstractThe Irish State has been party to a collection of international treaties and declarations that directly affect the care of those who suffer from mental disorders. These documents set up what are considered as minimum core standards that outline the standard of care that should be provided as a basic human right. This article reviews the relevant sections of these documents and reflects as to how they have been applied in Ireland. International conventions, which have the status of a treaty, are monitored and interpreted by various commissions and committees. This article draws on the comments of these bodies as to how a state should provide for those with mental illness. Areas such as the rights of children who are mentally ill and those who are detained by the state are examined in detail. Other areas covered are the right to the highest attainable level of mental health care, the right not to be subjected to a clinical trial, equal access to mental health care, and the right to be safeguarded against unjust involuntary detention.



2021 ◽  
Vol 13 (2) ◽  
pp. 76
Author(s):  
Virginia Ayu Sagita ◽  
Khuswatun Hasanah ◽  
Medi Trilaksono Dwi Abadi ◽  
Gabriella Hot Marsondang Simamora

Mental health is currently a health that must be considered in addition to physical health. According to Riset Kesehatan Dasar (2018), it shows that depression is the highest mental illness and there are 450,000 people who are people with severe mental disorders (ODGJ) who have an age range of 15-29 years. This study aims to see the communication made by survivor of mental health disorders in creating millennials to their closest people. The theory used in this research is Communication Privacy Management Theory (CPM) and Contructivism Theory. CPM theory explains how a person with a health disorder communicates mental illness by considering their personal information. Meanwhile, constructivism theory supports the CPM theory to explain how sufferers of mental health disorders choose the right diction so as not to cause wrong perceptions. Constructivism theory explains how a person constructs the message to be delivered. The method used in this study is a qualitative method with purposive sampling, which is to determine the information required by the researcher. The results of this study are each information that has rules for conveying privacy information to the closest person. The informants' trust with other people still have their privacy boundaries made based on gender, culture and context. In addition, informants used proper diction to convey their mental illness to the closest people.



Author(s):  
Sridhar Venkatapuram

Utilitarianism is often expressed as the moral dictum, “Do that which produces the greatest good for the greatest number.” It is seemingly an attractive candidate for psychiatric ethics for two reasons. First, in the face of such overwhelming human suffering due to mental illness, doing the greatest good seems intuitively the right approach; helping more people rather than fewer seems right and rational. Second, the “good” that utilitarianism seeks to produce is often understood to be happiness or a positive mental state. Producing the greatest mental well-being possible seems in line with the functioning of psychiatry. Utilitarian ethics seems ready-made for guiding psychiatry as it faces the challenge of improving global mental health. This chapter lays out some of the history and main tenets of utilitarianism, its three main components of consequentialism, welfarism, and sum ranking, and relate them to psychiatry. Some of the major critiques of utilitarianism follow.



2014 ◽  
Vol 18 (2) ◽  
pp. 68-76 ◽  
Author(s):  
Liz Sayce

Purpose – Biological understandings of mental illness are promoted by both anti-stigma campaigners and increasingly by activists protesting against social security cuts. The purpose of this paper is to analyse the pitfalls of the “illness” conceptualisation for reducing discrimination, comments on divisions between those arguing for a right to work and those who seek a right not to work, and proposes bridge building and more effective messages, drawing on the UN Convention on the Rights of Persons with Disabilities. Design/methodology/approach – Review of relevant evidence on the effectiveness or lack of it of the “mental illness is an illness like any other” message in anti-stigma work, and discussion of grey literature from campaigners and bloggers. Findings – There is a growing body of evidence that the “illness like any other” message entrenches rather than reduces stigma and discrimination: this message should not be used in anti-discrimination work. At the same time some social security bloggers and campaigners have argued they are “sick” in order to resist efforts to compel them to seek work or face sanctions; whilst older disability rights campaigners have argued for the right to work. The paper argues for new bridge building and use of evidence based messages in campaigning. Research limitations/implications – This paper is based on review of evidence on the impact of using the “illness” message to reduce stigma and discrimination; and on discussion of campaigns and blogs. It is not based on a systematic review of campaigns. Practical implications – There is a need for campaigns that support rights holistically – the right to a decent standard of living and the right to work. This requires bridge building between activists, which could usefully be rooted in the UN Convention on the Rights of Persons with Disabilities. The “illness” conceptualisation is harmful to the effort to reduce stigma and discrimination. Mental health staff can act as allies to those they serve in securing all these rights. Originality/value – This is the only recent paper to analyse the evidence that the “illness like any other” message is harmful in anti-stigma work, together with its implications for the recent phenomenon of mental health campaigners moving from opposition to the medical model, to a new argument that they are “too sick” to work. This paper suggests ways forward for everyone with an interest in combatting stigma and discrimination.



2009 ◽  
Vol 33 (5) ◽  
pp. 161-164 ◽  
Author(s):  
Áine Ni Mhaoláin ◽  
Brendan D. Kelly

SummaryIreland's Mental Health Act 2001 was fully implemented in 2006 and aimed to bring Irish legislation more in line with international standards such as the European Convention on Human Rights and United Nations Principles for the Protection fo Persons with Mental Illness. the new legislation introduced several important reforms in relation to involuntary admission, independent reviews of involuntary detention, consent to treatment, and treatment of children and adolescents. Although the Mental Health Act 2001 focuses clearly on protecting the right to liberty, it also presents significant challenges in terms of service delivery and resources within Irish mental health services.



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