Mental health legislation: Does it protect the rights of people with mental health problems?

Abstract

The Mental Health Care Act No. 17 of 2002 was an attempt to transform the mental health care system from one which focused on custodial care and protection to one based on human rights. This article attempts to answer three questions. Firstly, how has mental health care legislation historically protected the rights of mental health care users? Secondly, how does the 2002 Act protect these rights? And thirdly, is the Act being implemented in a way that protects these rights? A review of the literature reveals that despite the good intentions of the legislation, many challenges to its effective implementation remain.