scholarly journals Influence of the new mental health legislation in India

2019 ◽  
Vol 17 (1) ◽  
pp. 20-22
Author(s):  
Rakesh K. Chadda
Keyword(s):  
Mental Health ◽  
United Nations ◽  
Mental Healthcare ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
Health Legislation

This paper discusses the influence of the Mental Healthcare Act 2017 on mental healthcare in India. The new Act was introduced to meet the recommendations of the United Nations Convention on the Rights of Persons with Disabilities. Reforms proposed in the new legislation, challenges in their implementation and their effects on mental healthcare in the country are further discussed.

scholarly journals Mental health legislation in Botswana

2018 ◽  
Vol 16 (03) ◽  
pp. 68-70
Author(s):  
J. Maphisa Maphisa
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorders ◽  
United Nations ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
Health Legislation

The Mental Disorders Act of 1969 is the primary legislation relating to mental health in Botswana. Despite the country not being a signatory to the United Nations Convention on the Rights of Persons with Disabilities, its Act has a self-rated score of four out of five on compliance to human rights covenants. However, it can be argued that the Act does not adequately espouse a human rights- and patient-centred approach to legislation. It is hoped that ongoing efforts to revise the Act will address the limitations discussed in this article.

scholarly journals The need to reform mental health legislation in Commonwealth countries

2014 ◽  
Vol 11 (1) ◽  
pp. 1-2 ◽  
Author(s):  
Soumitra Pathare ◽  
Laura Shields ◽  
Jaya Sagade ◽  
Renuka Nardodkar
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
United Nations ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
Health Legislation

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) serves as a comprehensive and legally binding framework for the rights of persons with mental illness. The extent to which countries have adapted their mental health legislation to reflect the binding provisions outlined in the CRPD is unclear. This paper reviews the situation across the Commonwealth.

A new United Nations ‘disability’ convention

2017 ◽  
Author(s):  
George Szmukler
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
United Nations ◽  
Involuntary Treatment ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) presents in a tailored form the rights of such persons. Mental health disabilities are included. While the Convention is most welcome, it is hugely challenging when it comes to involuntary treatment. Important authorities have interpreted it as excluding all forms of ‘substitute decision-making’. The Convention demands ‘respect for the rights, will and preferences’ of persons with disabilities. This chapter examines the meaning of ‘will’ and of ‘preference’. A problem arises when a person’s currently expressed ‘preference’ (or desire or wish) diverges from the person’s ‘will’ (taken to mean a person’s relatively enduring and deeply held value commitments). Both cannot be respected at the same time. Which should have precedence? The method of ‘interpretation’ discussed in Chapter 7 allows such a determination to be made, and aligns the ‘fusion law’ proposal with the objectives of the Convention.

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