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Mental health law is the area of the law that is applied specifically to persons with a diagnosis or possible diagnosis of mental illness, and to the people involved in managing or treating others in this situation. This includes areas in both common law and statute law.
Common law, which is based on case law rather than statutes, issues include such concepts as mens rea, insanity defences, sane and insane automatism amongst others.
Statute law usually takes the form of a Mental health act or equivalent. An example is the Mental Health Act 1983 in England and Wales. These acts codify aspects of the treatment of mental illness and provides rules and procedures to be followed and penalties for breaches. Mental health acts are largely used in the management of psychosis where a person has lost the ability to test reality. They may also be used for other conditions including personality disorders. The laws generally allow for compulsory treatment in a psychiatric hospital or in the community.
In some jurisdictions court orders are required for compulsory treatment while in others treating psychiatrists may treat compulsorily by following set procedures. In the latter case there are usually methods of appeal or regular scrutiny to ensure compliance with the law.
Not all countries have mental health acts. The world health report (2001) lists the following percentages by region for countries in those regions with and without mental health legislation.[1]
| Regions | With legislation | No legislation |
|---|---|---|
| Africa | 59% | 41% |
| The Americas | 73% | 27% |
| Eastern Mediterranean | 59% | 41% |
| Europe | 96% | 4% |
| South-East Asia | 67% | 33% |
| Western Pacific | 72% | 28% |
Notes
- ^ Presence of mental health policies and legislation, The World Health Report 2001, chap. 4, fig. 4.1 (accessed June 8, 2005).
External links
- Bazelon Center for Mental Health Law
- Mental Disability Advocacy Center
- Mental health law in England & Wales, including Mental Health Act 1983
- The Mental Health (Care and Treatment) (Scotland) Act 2003 Office of Public Sector Information website
- Mental Capacity Act 2005 (England, Wales)
- National Resource Center on Psychiatric Advance Directives
- Citizens Commission on Human Rights, UK Chapter Restoring a balance to mental health issues. Report Psychiatric abuse.
- Attorney.org's profile of the Bazelon Center for Mental Health Law
- [2] Institute of Mental Health Act Practitioners
Further reading
- Atkinson, J. (2006), Private and Public Protection: Civil Mental Health Legislation, Edinburgh, Dunedin Academic Press
- Whelan, D. (2009), Mental Health Law and Practice: Civil and Criminal Aspects, Dublin, Round Hall
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