Mental health legislation

Abstract

Why legislate for mental health? Mental health legislation provides a framework and standards for the protection/promotion of the rights of people with mental health conditions and to codify the principles, values, aims and objectives of mental health policies and plans. It is crucial that mental health legislation promotes integrated, community-based care and support and acts to improve the quality of services and promote the rights of people with mental health conditions. It is also essential that it ensures informed consent, confidentiality and the involvement of users and their families in decision-making. National mental health legislation should be developed/updated in line with international human rights covenants and instruments. Governments and legislating bodies need to adopt rules, regulations and codes of practice for implementing the legislation [see WHO checklist on mental health legislation (1) (Annex 1)]. It is also imperative to establish operational structures and mechanisms to support the implementation of such legislation.

Scaling up action for mental health in the Eastern Mediterranean Region: an overview

“…Mental health legislation may stand alone as a single, consolidated mental health law or it may be fully or partially integrated into other relevant legislation. In a separate paper in this theme issue, Funk and Drew delineate the aspects of mental health law that should be clearly articulated in the legislation (16).…”

Perceptions and Attitudes of Mental Health Professionals toward the Mental Health Care Law in Saudi Arabia

“…Although laws applied in psychiatry and other medical fields are generally similar, treating patients with mental disorders not only involves unique clinical and ethical concerns but also holds unique legal implications [1,2]. Therefore, it is imperative to create well-recognized legislation and establish a holistic framework to streamline the process to be followed by mental healthcare workers during their clinical practice [3]. However, there has been much debate about the scope of mental health laws owing to the significant ethical and legal implications, especially regarding the administration of treatment without consent [4,5].…”

“…Unfortunately, besides developed countries, laws pertaining to the rights and management of patients with mental illnesses are lacking in many countries [3,6]. Establishing clear mental health legislation can be challenging for governments and legislating bodies [3]. This challenge arises from the necessity to craft comprehensive legislation to balance various stakeholders' interests [3].…”

“…Establishing clear mental health legislation can be challenging for governments and legislating bodies [3]. This challenge arises from the necessity to craft comprehensive legislation to balance various stakeholders' interests [3]. Such sought legislation also entails broad consultations of varied expertise to account for differing viewpoints to ensure that any laws enacted are comprehensive and thorough [3].…”

“…This challenge arises from the necessity to craft comprehensive legislation to balance various stakeholders' interests [3]. Such sought legislation also entails broad consultations of varied expertise to account for differing viewpoints to ensure that any laws enacted are comprehensive and thorough [3]. The earlier mentioned requirements can prove challenging to prioritize and uphold, particularly within politically dysfunctional areas amid threatened security or destabilized economies.…”