Legislation related to mental health: a review of various international experiences

Abstract

The main areas dealt with by current mental health legislation, worldwide, are reviewed. These areas concern mainly: (i) rights of the mentally ill (right to care and human rights), (ii) quality of care, (iii) the use of administrative and budget control measures, and (iv) consumer participation and involvement in the organization and management of mental health care services. The evolution of international legislation (particularly United Nations Declarations, Covenants and Resolutions) relative to people with mental disorders are described on the basis of up-to-date examples of legal models from different jurisdictions throughout the world. The main current trends are identified and alternatives are advanced for the respect of the human rights of these people and for the improvement of their care. The basis for these proposed alternatives is to be found in the recently approved United Nations General Assembly Resolution on "The protection of persons with mental illness and the improvement and the improvement of mental health care". This Resolution is described and discussed in some detail.