scholarly journals MENTAL HEALTH ISSUES AND RELEVANT LEGISLATION IN A DEVELOPING COUNTRY

1970 ◽  
Vol 7 (2) ◽  
pp. 122-126
Author(s):  
Shafquat Inayat
Keyword(s):  
Mental Health ◽  
Developing Country ◽  
Mental Health Policy ◽  
Fundamental Rights ◽  
Health Law ◽  
Health Issues ◽  
Community Based ◽  
Mental Health Issues ◽  
Mental Health Legislation ◽  
Health Legislation

Mental health legislation compiles and integrates fundamental doctrine, principles, goals, objectives and mental health policy. This legislation is required to assure that the self-respect and the dignity of patients is conserved and that their fundamental rights are protected. This article considers legislation in the Indo-Pak subcontinent, especially the Mental Health Act in Pakistan, and asserts that the act has limitation that serve as a barrier to mental health services currently provided in Pakistan. The purpose of this article is to identify the mental health legislation in a developing country like Pakistan. It also emphasizes the need of a modern mental health law that provides priority to protect the rights of patient with mental disorder to promote development of community based care and improves its access.

scholarly journals Mental health legislation in Bulgaria – a brief overview

2016 ◽  
Vol 13 (4) ◽  
pp. 92-93
Author(s):  
Hristo Hinkov
Keyword(s):  
Mental Health ◽  
Legal Capacity ◽  
Health Issues ◽  
Mental Health Issues ◽  
Mental Health Legislation ◽  
Health Legislation

Bulgaria has never had a separate law on mental health. Issues such as mandatory treatment, guardianship and legal capacity were regulated in the People's Health Act, which was in force until 2005, when it was replaced by a new Health Act. That Act has a chapter relating specifically to mental health, and this article describes its provisions.

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 Black robes and white coats: who will win the new mental health tribunals?

2005 ◽  
Vol 186 (2) ◽  
pp. 96-98 ◽  
Author(s):  
Sameer P. Sarkar ◽  
Gwen Adshead
Keyword(s):  
Mental Health ◽  
Civil Law ◽  
Twilight Zone ◽  
Health Law ◽  
Medical Evidence ◽  
Criminal Courts ◽  
American Experience ◽  
Mental Health Legislation ◽  
New Type ◽  
Health Legislation

Under current proposals for new mental health legislation, psychiatrists increasingly will be involved in tribunal processes examining the grounds for compulsory detention and treatment, both in hospitals and in the community. They will lose some authority over admission and discharge, with decision-making instead being given over to legal bodies that will regulate admission and discharge. The proposals for wholesale change in UK mental health law are an opportunity to devise a new type of legal hearing where all ‘sides' are properly represented. However, the new mental health tribunals proposed in the draft UK bill sit in a twilight zone of ‘quasi-criminal’ courts. The use of single joint experts or ‘expert panels', consistent with the recent civil law reforms, means that problems of undisputed medical evidence may become even more acute. American experience shows that judicial deference to clinical opinion, even in overtly adversarial commitment hearings, is considerable (Bursztajn et al, 1997). In this editorial, we argue that these proposals justify a re-examination of the values of law and psychiatry.

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.

Consultant Psychiatrists' Knowledge of Mental Health Legislation in Scotland

1998 ◽  
Vol 38 (3) ◽  
pp. 237-241 ◽  
Author(s):  
Martin Humphreys
Keyword(s):  
Mental Health ◽  
Health Law ◽  
Apparent Lack ◽  
Mental Health Law ◽  
Medical Practitioners ◽  
Mentally Disordered ◽  
Mental Health Legislation ◽  
Localized Patterns ◽  
Level Of Understanding ◽  
Health Legislation

There has been increasing concern recently over an apparent lack of knowledge of mental health law among psychiatrists and other medical practitioners involved in its use. This has been particularly highlighted by the introduction of new and complex legislation intended to facilitate care in the community. As a result of findings from previous studies of other groups of medical practitioners in Scotland, a national survey of consultant psychiatrists working there was undertaken to determine their level of understanding of the statutory provision for the care of the mentally disordered. A purpose-designed instrument was used at interview with 72 consultants chosen at random from all psychiatric specialties. Their knowledge of even the most basic definitions and fundamental areas was limited, with only just over half being able to give the correct title of one relevant piece of legislation and only one in 10 being able to define mental disorder in terms of the Act. Otherwise knowledge was generally patchy. Greater emphasis should be placed upon training in mental health law for consultant psychiatrists in general, as the findings are unlikely to reflect purely localized patterns. Attitudes to the use of compulsory measures also need to be addressed.

scholarly journals A new legislative framework for mental capacity and mental health legislation in Northern Ireland: an analysis of the current proposals

2014 ◽  
pp. 84
Author(s):  
Maura McCallion ◽  
Ursula O'Hare
Keyword(s):  
Mental Health ◽  
Northern Ireland ◽  
Mental Capacity ◽  
Law Reform ◽  
Health Law ◽  
Mental Health Legislation ◽  
Legislative Framework ◽  
The Law ◽  
The Uk ◽  
Health Legislation

<p>When the Bamford Review of Mental Health and Learning Disability completed its work in the autumn of 2007, it drew to a close an extensive consultation and analysis of mental health and learning disability services and the law in Northern Ireland. Its last report on A Comprehensive Legislative Framework made<br />a compelling case for a major overhaul of the law that the Review team itself described as ‘quite radical’. The Review identified the case for reform in the need to ensure that mental health law conforms to the requirements of human rights law, reflects changes to professional practice, reflects the needs of service<br />users and their carers, and keeps pace with reform elsewhere in the UK. Alone of all the jurisdictions in the UK, Northern Ireland has been operating largely in a legislative vacuum in relation to mental capacity law. The Review’s proposals for reform therefore extended to reform of mental health law and the introduction of mental capacity law.</p><p>In the autumn of 2008 the NI Executive published its response to the Bamford Review indicating that it intended to develop the law sequentially: reform of the Mental Health (NI) Order 1986 by 2011 followed by the introduction of mental capacity law in 2014. Responses to the Executive’s consultation resulted in<br />the Department of Health Social Services and Public Safety (DHSSPS) revising its approach and it signalled its intention to bring forward mental capacity and mental health legislation together. This reated a unique opportunity in Northern Ireland for fusion of incapacity and mental health legislation. A further consultation paper was issued in January 2009, setting out the key approaches to the content<br />of two bills. However as a result of the consultation, the Health Minister Michael McGimpsey announced in September 2009 that there would be a single bill with an overall principle of autonomy. His press statement noted: “ A strong body of opinion, particularly from professional groups and lead voluntary organisations, which considered that separate mental health legislation continues to be stigmatising and recommended that mental capacity and mental health provisions should instead be encompassed into a single piece of legislation”</p><p>This short paper provides an overview of the current direction of travel on law reform in Northern Ireland. It comments on the policy climate and arguments for a fusion of mental capacity and mental health legislation. It also highlights some of the key policy issues that will need to be further explored as the Department develops its law reform proposals and concludes with some hopes and fears for the new legislation.</p>

scholarly journals Australia's mental health legislation

2013 ◽  
Vol 10 (2) ◽  
pp. 38-40
Author(s):  
Kenneth C. Kirkby ◽  
Scott Henderson
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Health Law ◽  
International Treaty ◽  
Mental Health Law ◽  
Mental Health Act ◽  
International Trends ◽  
Strong Emphasis ◽  
Mental Health Legislation ◽  
Health Legislation

Australia has a generally progressive approach to mental health law, reflective of international trends in human rights. Responsibility for most legislation is vested in the six States and two Territories, a total of eight jurisdictions, such that at any given time several new mental health acts are in preparation. In addition there is a model mental health act that promotes common standards. Transfer of orders between jurisdictions relies on Memoranda of Understanding between them, and is patchy. State and Territory legislation is generally cognisant of international treaty obligations, which are themselves the preserve of the Federal Parliament and legislature. UK legislation has had a key influence in Australia, the 1959 Mental Health Act in particular, with its strong emphasis on voluntary hospitalisation, prefacing deinstitutionalisation.

scholarly journals Mental health legislation in Chile

2014 ◽  
Vol 11 (4) ◽  
pp. 90-92
Author(s):  
Andrea Bahamondes ◽  
Alvaro Barrera ◽  
Jorge Calderón ◽  
Martin Cordero ◽  
Héctor Duque
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorder ◽  
Criminal Code ◽  
Standards Of Care ◽  
Health Law ◽  
Mental Health Law ◽  
Mental Health Legislation ◽  
Health Legislation ◽  
The 19Th Century

Chile does not have a mental health law or act, and no single legal body protecting those deemed to be afflicted by a mental disorder, setting standards of care and protecting and promoting their rights. Instead, pieces of mental health legislation are scattered about in different legal and administrative documents, including the country's Constitution, Health Code, Criminal Code and Civil Code. Remarkably, mental health legislation was the object of virtually no change or amendment from the middle of the 19th century until the year 2001. New pieces of legislation have been issued since but, despite improvements in the protection of people suffering from a mental illness, a mental health law in Chile is still needed.

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