LAWS ON MENTAL HEALTH IN DIFFERENT COUNTRIES

This article is written by Aryya Sinha of 1^st Semester of Xavier Law School St. Xavier’s University

ABSTRACT

Mental health laws are legal frameworks that govern the rights, treatment, and care of individuals with mental health conditions. These laws vary from country to country, and even within different jurisdictions within a country. While I can provide you with a general overview of mental health laws, please keep in mind that specific details may vary depending on your location. Involuntary Commitment: Mental health laws often include provisions for involuntary commitment, also known as civil commitment. These laws outline the circumstances under which a person with a mental illness can be detained or hospitalized against their will for evaluation and treatment. Typically, this is done when the individual poses a danger to themselves or others or is unable to care for themselves due to their mental condition.

Patient Rights: Mental health laws also protect the rights of individuals receiving mental health treatment. These rights may include the right to confidentiality, informed consent, access to treatment, and freedom from abuse or neglect. The specific rights granted to patients can vary, but they generally aim to ensure that individuals with mental health conditions are treated with dignity and respect.

Capacity and Guardianship: Mental health laws often address the issue of decision-making capacity for individuals with mental illness. These laws determine the circumstances under which someone may be deemed incapable of making decisions regarding their treatment or personal affairs. In such cases, a legal guardian or advocate may be appointed to make decisions on their behalf.

KEYWORDS–

Mental Health, Self-care, Stress management, Balanced lifestyle, Education and awareness

INTRODUCTION:[1]

Mental health is a person’s emotional, psychological, and social well-being. It influences how people feel, think, and behave, as well as how they deal with stress, interact with others, and make decisions in life. Every stage of life, from childhood and adolescence to maturity, requires good mental health. Finding a balance among several facets of life, such as jobs, relationships, physical well-being, and leisure pursuits, is necessary for maintaining healthy mental health. Remember that having a healthy mental state includes having good traits like resilience, coping mechanisms, and emotional stability in addition to the absence of mental disease.

Depression, anxiety disorders, bipolar disorder, schizophrenia, and eating disorders are examples of common mental health illnesses.

Promoting good mental health involves several factors, including:

1. Self-care: Engaging in activities that promote self-care, such as exercise, proper sleep, healthy eating, and relaxation techniques.
2. Social support: Building and maintaining positive relationships with family, friends, and communities.
3. Seeking help: Being aware of when to seek professional help and not hesitating to reach out to mental health professionals.
4. Stress management: Developing healthy coping mechanisms to deal with stress, such as practicing mindfulness, engaging in hobbies, or seeking therapy.
5. Balanced lifestyle: Striving to balance work, personal life, and leisure activities.
6. Avoiding substance abuse: Limiting or preventing the use of alcohol, drugs, and other substances that can negatively impact mental health.
7. Education and awareness: Increasing knowledge about mental health issues, reducing stigma, and promoting understanding and empathy towards those with mental health challenges.

Remember, if you or someone you know is struggling with mental health issues, it is essential to seek professional help. Mental health professionals can provide proper assessment, diagnosis, and treatment options tailored to individual needs.

MENTAL HEALTH LAWS IN INDIA:[2]

The Mental Health Care Act 2017 in India was approved on April 7, 2017, and it became effective on May 29, 2018. In the first sentence of the law’s introduction, it was stated that it was “An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote, and fulfill the rights of such persons during the delivery of mental healthcare and related services, for the matters connected in addition to that or incidental thereto.” The Mental Health Act of 1987, which was passed on May 22, 1987, was replaced by this Act. “Nationally and internationally accepted medical standards,” such as the most recent version of the WHO’s International Classification of Diseases, mental disorders must be determined according to the law. The Act further states that no person or authority shall categorize a person as having a mental disease unless such classification is directly related to the treatment of the illness.

Revisions made from the Mental Health Act 1987

1. The Mental Healthcare Act of 2017 intends to provide those who have tried suicide with rehabilitation options to decriminalize suicide attempts. By the government as opposed to being tried or punished for the effort.
2. The Act seeks to fulfill India’s international obligation under the Convention on Rights of Persons with Disabilities and its Optional Protocol.
3. It looks to empower persons suffering from mental illness, thus marking a departure from the Mental Health Act of 1987. The 2017 Act recognizes the agency of people with mental illness, allowing them to make decisions about their health, assuming they have the necessary information.
4. The Act aims to safeguard the rights of people with mental illnesses and their access to healthcare and treatment without the government discriminating against them. Additionally, insurers are now bound to make provisions for medical insurance for treating mental illness on the same basis as is available for treating physical ailments.
5. There are provisions in the Mental Health Care Act of 2017 for registering mental health-related institutions and regulating the sector. These measures include setting up mental health establishments across the country to ensure that no person with mental illness will have to travel far for treatment and creating a mental health review board that will act as a regulatory body.
6. The Act has restricted the usage of Electroconvulsive therapy (ECT) to be used only in cases of emergency, along with muscle relaxants and anesthesia. Further, ECT has additionally been prohibited from being used as a viable therapy for minors.
7. Other organizations’ obligations towards those with mental illness, such as the police, have been outlined in the 2017 Act.

The Mental Health Care Act 2017 has additionally vouched to tackle the stigma of mental illness and has outlined some measures to achieve the same.

MENTAL HEALTH LAW IN SWEDEN[3]

In Sweden, mental health is governed by several laws and regulations that aim to protect the rights and well-being of individuals with mental health conditions. Here are some critical aspects of mental health law in Sweden:

1. The Health and Medical Services Act (Hälso- och sjukvårdslagen): This act forms the foundation of healthcare in Sweden, including mental health services. It outlines the rights and obligations of patients and healthcare providers, emphasizing equal access to healthcare services and the importance of patient autonomy and participation in decision-making.
2. The Compulsory Psychiatric Care Act (Lagen om psychiatrist tvångsvård): Addresses the involuntary admission and treatment of individuals with severe mental health conditions who pose a risk to themselves or others. It establishes criteria and procedures for intuitive psychiatric care, safeguarding patients’ rights and ensuring the necessity, proportionality, and continuity of care.
3. The Patient’Patients’ Rights Act (Patient-Lagen): protects all patients’ rights, including those with mental health conditions. It ensures that patients have access to information about their condition, treatment options and the right to participate in decisions concerning their care. The act also emphasizes the importance of privacy, confidentiality, and informed consent.
4. The Discrimination Act (Diskrimineringslagen): This act prohibits discrimination based on disability, which includes mental health conditions. It aims to promote equal rights and opportunities for individuals with mental health challenges in various areas of society, such as employment, education, and public services.
5. The Social Services Act (Socialtjänstlagen): regulates the social services provided by municipalities, including support and assistance for individuals with mental health conditions. It emphasizes the importance of individualized care plans, rehabilitation, and support services to promote social inclusion and independent living.

It’s important to note that laws and regulations can evolve, and it’s recommended to consult official government sources, legal professionals, or relevant authorities to obtain the most up-to-date and accurate information regarding mental health law in Sweden.

MENTAL HEALTH LAW IN FINLAND[4]

In Finland, mental health is governed by various laws and regulations that aim to protect the rights and well-being of individuals with mental health conditions. Here are some critical aspects of mental health law in Finland:

1. Mental Health Act (Laki mielenterveyslaista): provides the legal framework for mental health services in Finland. It outlines the rights and responsibilities of individuals receiving mental health care and ensures access to appropriate, high-quality services. The act also emphasizes patient autonomy, informed consent, and the right to participate in treatment decisions.
2. Mental Health Care Decree (Mielenterveydenhuollon assets): This decree provides more specific guidelines and regulations regarding implementing the Mental Health Act. It covers various aspects of mental health care, including the organization and structure of services, assessment and treatment procedures, and patient rights.
3. Patient Rights Act (Potilaslaki): This act applies to all healthcare services in Finland, including mental health care. It ensures that patients have the right to receive necessary and appropriate care, access information about their condition and treatment options, and participate in decision-making. The act also safeguards privacy, confidentiality, and protection against discrimination.
4. Mental Health and Substance Abuse Services Act (Laki mielenterveys-ja päihdepalveluista): focuses on providing mental health and substance abuse services. It promotes comprehensive and integrated services, early intervention, and prevention. The act also highlights the importance of collaboration between different sectors, such as healthcare, social services, and education.
5. Non-Discrimination Act (Yhdenvertaisuuslaki): prohibits discrimination based on various grounds, including disability, which includes mental health conditions. It ensures equal treatment and opportunities for individuals with mental health challenges in employment, education, housing, and social services.

These are some of the fundamental laws related to mental health in Finland. It’s important to note that rules can change and evolve over time, so it’s advisable to consult official government sources, legal professionals, or relevant authorities for the most up-to-date and accurate information regarding mental health laws in Finland.

MENTAL HEALTH LAW IN THE USA

Mental health law in the United States encompasses a combination of federal and state laws that address various aspects of mental health treatment, rights, and access to care. Here are some important components of mental health law in the USA:

1. Mental Health Parity and Addiction Equity Act (MHPAEA): This federal law mandates that health insurance plans provide equal coverage for mental health and substance use disorder services compared to other medical conditions. It requires insurance plans to provide equal treatment limitations, such as copayments and visit limits, for mental health services.
2. Americans with Disabilities Act (ADA): The ADA prohibits discrimination based on disabilities, which includes mental health conditions. It ensures equal opportunities and access to employment, public services, transportation, and accommodations for individuals with mental health challenges.
3. Health Insurance Portability and Accountability Act (HIPAA): HIPAA protects the privacy and confidentiality of individuals’ health information, including mental health records. It sets standards for the secure handling and disclosure of health information by healthcare providers, insurers, and other entities.
4. Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act: This federal law establishes Protection and Advocacy (P&A) systems in each state to safeguard the rights of individuals with mental illnesses. P&A agencies advocate for the rights and interests of individuals in mental health facilities, promote community integration, and investigate incidents of abuse and neglect.
5. State Mental Health Laws: Mental health laws can vary across different states in the USA. These laws cover a wide range of issues, including involuntary commitment procedures, the rights of individuals receiving mental health treatment, access to care, and the establishment of community mental health services.
6. Criminal Justice System: Mental health intersects with the criminal justice system in various ways. Laws related to mental health in the criminal justice context include diversion programs, mental health courts, competency evaluations, and procedures for individuals with mental health conditions involved in the legal system.

It’s important to note that mental health laws can differ between states, and the legal landscape is subject to change. For specific information and details regarding mental health laws in a particular state or for any legal matters, it’s recommended to consult legal professionals or relevant authorities familiar with the current laws and regulations in that jurisdiction.

MENTAL HEALTH LAW IN UNITED KINGDOM[5]

1. Mental Health Act 1983: This legislation sets out the legal framework for the assessment, treatment, and rights of individuals with mental disorders in England and Wales. The Act provides procedures for the detention, care, and treatment of individuals who meet specific criteria for compulsory admission to psychiatric hospitals. It also outlines safeguards, review processes, and rights for patients under detention, including their right to appeal and challenge their detention.
2. Mental Capacity Act 2005: While not exclusively focused on mental health, this legislation is crucial for individuals who lack the mental capacity in taking decisions. It provides a framework for assessing and making decisions on behalf of individuals who cannot make informed decisions about their treatment or care due to mental health conditions or other impairments. The Act emphasizes supporting individuals to make their own decisions whenever possible and provides safeguards for decision-making through the use of advanced decisions, Lasting Power of Attorney, and Court of Protection.
3. Human Rights Act 1998: This Act incorporates the European Convention on Human Rights into UK law. It protects fundamental rights and freedoms, including those relevant to mental health, such as the right to life, the prohibition of torture and inhuman or degrading treatment, the right to liberty and security, and the right to respect for private and family life.
4. Mental Health (Care and Treatment) (Scotland) Act 2003: In Scotland, this legislation governs the provision of mental health services and the rights of individuals with mental disorders. It establishes procedures for compulsory treatment, assessment, and detention, ensuring safeguards, review processes, and legal rights for patients.
5. Mental Health (Northern Ireland) Order 1986: In Northern Ireland, this legislation governs the assessment, treatment, and rights of individuals with mental disorders. It provides procedures for the compulsory admission and treatment of individuals, as well as review mechanisms and rights for patients.

These are some of the key laws related to mental health in the UK. It’s important to note that mental health legislation may evolve over time, and for specific information or legal matters, it is

advisable to consult legal professionals or relevant authorities familiar with the current laws and regulations in the respective country or region.

MENTAL HEALTH LAW IN FRANCE[6]

1. Mental Health Act (Loi relative aux droits et à la protection des personnes faisant l’objet de soins psychiatriques et aux modalités de leur prise en charge): This act, commonly known as the “Loi de Santé Mentale,” was enacted in 2011. It provides the legal framework for the rights and protection of individuals receiving psychiatric care. It emphasizes the importance of respect for dignity, autonomy, and individual rights, and aims to ensure appropriate care, treatment, and follow-up for individuals with mental health conditions.
2. Civil Commitment (Hospitalization) Procedure: The French Civil Code (Code Civil) and Public Health Code (Code de la Santé Publique) outline the procedures for involuntary psychiatric hospitalization or “hospitalization sous contrainte.” This process involves the intervention of a judge. It aims to balance the protection of individual’s rights with the need for intervention in cases where there is a risk to themselves or others due to a mental health condition.
3. Health Data Protection: The General Data Protection Regulation (GDPR) and the French Data Protection Act (Loi Informatique et Libertés) provide guidelines and regulations for protecting health data, including mental health records. These laws ensure the privacy, confidentiality, and security of individuals’ health information, including cognitive health-related information.
4. Disability Law (Loi pour l’égalité des droits et des chances, la participation et la citoyenneté des personnes handicapées): This legislation focuses on the rights and inclusion of persons with disabilities, which include individuals with mental health conditions. It aims to ensure equal opportunities, accessibility, and support for individuals with disabilities, including mental health-related disabilities.

Additionally, France has established regional mental health services known as “Centres Hospitaliers Spécialisés” (CHS) that provide specialized psychiatric care and support. These services operate in accordance with the mental health legislation and regulations mentioned above.

It’s important to note that laws and regulations may evolve over time. For specific information or legal matters related to mental health law in France, it is advisable to consult legal professionals or relevant authorities familiar with the current rules and regulations.

MENTAL HEALTH LAW IN NETHERLANDS[7]

In the Netherlands, mental health law revolves around the Wet bijzondere opnemingen in psychiatrische ziekenhuizen (Wet Bopz), which translates to the Act on Special Admissions to Psychiatric Hospitals. However, it’s important to note that the Wet Bopz has been replaced by a new law, the Wet verplichte geestelijke gezondheidszorg (Wvggz), which occurred on January 1, 2020. Here are the key aspects of mental health law in the Netherlands:

1. Wet verplichte geestelijke gezondheidszorg (Wvggz): This law governs the compulsory mental health care and treatment for individuals with mental health disorders. It aims to protect the rights of individuals receiving mental health care while ensuring their safety and the safety of others. The Wvggz establishes procedures for involuntary admission and treatment, emphasizing the importance of informed consent, patient autonomy, and least restrictive measures.
2. Wet op de geneeskundige behandelingsovereenkomst (WGBO): The Act on the Medical Treatment Agreement is a broader healthcare law that applies to all medical treatments, including mental health care. It ensures patients’ rights to information, shared decision-making, and informed consent. The WGBO also protects patient privacy, confidentiality, and the right to access their medical records.
3. Wet bescherming persoonsgegevens (Wbp) and Algemene verordening gegevensbescherming (AVG): These laws regulate the protection of personal data, including health information, in the Netherlands. They ensure that personal and health data, including mental health-related information, are processed and handled securely and lawfully.
4. Wet gelijke behandeling op grond van handicap of chronische ziekte (Wgbh/cz): This law, known as the Equal Treatment Act for People with Disabilities or Chronic Illnesses, prohibits discrimination based on disability or chronic illness, including mental health conditions. It ensures equal treatment and opportunities for individuals with mental health challenges in various areas of society, such as employment, education, and public services.

The above laws are some of the key components of mental health law in the Netherlands. It’s important to note that laws and regulations can change, so for specific information or legal matters related to mental health law in the Netherlands, it’s advisable to consult legal professionals or relevant authorities familiar with the current laws and regulations.

CASE LAWS OF MENTAL HEALTH IN INDIA

·       Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017): While this case primarily dealt with the right to privacy, it had implications for mental health as well. The Supreme Court of India held that privacy includes decisional privacy, which encompasses the right to make choices about one’s mental healthcare and treatment without unwarranted interference from the state.

·       R. vs. Ahluwalia (2017): This case dealt with the criminal responsibility of an accused person with a mental illness. The Supreme Court held that mental illness, if proven, can affect the accused person’s criminal liability and may be a mitigating factor while determining the appropriate punishment.

·       State of Punjab vs. Mohan Lal (2018): In this case, the Supreme Court emphasized the importance of providing mental healthcare services to prisoners. The court directed the government to establish mental health facilities in prisons and ensure that necessary treatment is provided to prisoners with mental illnesses.

·       X vs. State of Maharashtra (2018): This case addressed the issue of mental healthcare for individuals who are victims of sexual offenses. The Bombay High Court held that providing mental health support to victims of sexual offenses is crucial, and appropriate compensation should be awarded to them for the expenses incurred in seeking mental healthcare services.

CONCLUSION

Mental Health is an important aspect for the country in all respects from Economy to Social wellbeing of the individual as well as country. If the country’s population is having high grated mental health, then the population can engage in various development activities for themselves as well as his or her nation. A country should therefore focus in having a population happy, burden free lives which will eventually develop the mental health of the population.

Hence, it is of paramount importance.

1.     Good Emotional well-being.

2.     Physical Heath.

3.     Productivity and performance.

4.     Relationship and social connections.

5.     Coping the stress and adversity.

6.     Self-esteem and self-confidence.

7.     Prevention of mental disorders.

Overall taking care of our mental health is crucial for leading a balanced life. It is essential to prioritize self-care, seek, support when needed and promoting mental health in society to create a more compassionate and inclusive environment for everyone.

 

 

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[1] India Code: Mental Healthcare Act, 2017

[2] Richard M. Duffy and Brendan D. Kelly – India’s Mental Healthcare Act,2017

[3] Mental health – The Public Health Agency of Sweden (folkhalsomyndigheten.se)

[4] Mental health law in Finland – PubMed (nih.gov)

[5] Mental Health Act – NHS (www.nhs.uk)

[6] eucoms.net/wp-content/uploads/2020/01/Laws-the-French-context-Aurora-Jeanroy.pdf

[7] Mental healthcare in the Netherlands | Expatica