MENTAL HEALTH LAW AND POLICY

Mental Health Law and Policy



Mental Health Law and Policy

Introduction

Most of us view life as a gift, or something precious and this belief then clouds our judgment to any contradicting situation. Just because, person feels fine and happy with their life, does not mean that it is that way for us all. Whether or not one person can empathize with another is very different from having to walk a mile in their shoes. People with mental disabilities have the same rights and freedoms as other human beings and there are international standards that protect these people, especially because of their particular condition of vulnerability and powerlessness(Thomas, 1995, 145). The purpose of this paper is to analyse whether we need mental health legislation at all.

The Mental Health Act 2005 is an act for all mentally disabled people who are above 16 years. These people are incapable of making a decision on their own because they are not mentally stable to make decisions. They do not know what is right for them and what is wrong. This is the reason this act got formed. It has specified a legal framework that is applicable to mentally instable people who are above 16 years.

Under this act, the mentally instable person has all the legal right to take help from other people for making decisions. Social health care staff got allocated for such people who assist them in taking decisions. They are also the ones who have the ability to maximise the person's ability to take decisions on their own (Genevra , 2000, 494). This is commonly known as the Mental Capacity Act 2005. This paper will discuss the act, and will then talk about the importance of this act in terms of assessing capacity and in providing protection to the mentally incapacitated people. It will also discuss the protection that is provided to such people for non-consensual, arbitrary medical treatment.

Patients Rights

Basic Rights and fundamental freedoms of patient of mental illness:

Every patient has the right to get the best attention available in mental health.

All patients suffering from mental illness should be treated with respect and humanely

All the patients suffering from mental health are entitled to have protection against sexual, exploitation economic and physical abuse.

There should not be any kind of discrimination in mentally ill patients.

All patients are entitled to exercise all rights, economic, social, cultural and, civil

Every patient suffering from mental illness is entitled to work, and live with respect in the community.

Treatment of each patient is intended to preserving and enhancing personal autonomy

According to a research it was found that mental health users are at risk for violation of human rights. Many people in the European continent are spending many years or even their whole life in isolated institutions (Gostin, & Gable, 2004, 20). On the other hand, it is right of patients with mental health to live respectfully in the society or community, but violations are regarding their rights. Patients with mental health problems are too often ...