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@Cokemanu Is taking over to break down the RIGHTS BASED APPROACH of the Mental Health Act 2017. Follow this thread for updates #ConstitutionDay
@Cokemanu Is taking over to break down the RIGHTS BASED APPROACH of the Mental Health Act 2017. Follow this thread for updates #ConstitutionDay
In the next few tweets in this thread we'll be breaking down the RIGHTS OF THE PERSONS WITH MENTAL ILLNESS under various heads.
1. Right to access quality mental healthcare
a. The law explicitly states that "every person shall have a right to access mental healthcare and treatment from mental health services run or funded by the appropriate Government".
a. The law explicitly states that "every person shall have a right to access mental healthcare and treatment from mental health services run or funded by the appropriate Government".
1.Right to access quality mental healthcare
b. It further states that the persons seeking care should not be discriminated on any basis, including gender, sexuality, and caste.
c. It also talks about free mental healthcare in govt facilities or those funded by the govt.
b. It further states that the persons seeking care should not be discriminated on any basis, including gender, sexuality, and caste.
c. It also talks about free mental healthcare in govt facilities or those funded by the govt.
2. Right to community living
a. The act states that every person shall enjoy the right to live in, be part of and not be segregated from society.
a. The act states that every person shall enjoy the right to live in, be part of and not be segregated from society.
2. Right to community living
b. Under the law, the person seeking mental healthcare could exercise their right to not be forced into staying at a mental health institution. c.
b. Under the law, the person seeking mental healthcare could exercise their right to not be forced into staying at a mental health institution. c.
2.Right to community living
c.The act puts the onus on the government for provision of legal aid in case of claims by the victim seeking the right to live in their home and the establishment of less restrictive community-based establishments like halfway homes, group homes,etc.
c.The act puts the onus on the government for provision of legal aid in case of claims by the victim seeking the right to live in their home and the establishment of less restrictive community-based establishments like halfway homes, group homes,etc.
3. Right to protection from cruel, inhuman and degrading treatment
a. Under the act, every person with mental illness shall have a right to live with dignity.
a. Under the act, every person with mental illness shall have a right to live with dignity.
3. Right to protection from cruel, inhuman and degrading treatment
b. The law seeks a commitment by the state towards the protection of every person with mental illness from cruel, inhuman or degrading treatment.
b. The law seeks a commitment by the state towards the protection of every person with mental illness from cruel, inhuman or degrading treatment.
3. Right to protection from cruel, inhuman and degrading treatment
c. It confers to those seeking mental healthcare, a right to a safe environment, adequate sanitary conditions, facilities for leisure, privacy, etc.
c. It confers to those seeking mental healthcare, a right to a safe environment, adequate sanitary conditions, facilities for leisure, privacy, etc.
4.Right to equality and non-discrimination
a.The law states that every person with mental illness should be treated as equal to a person with physical illness.
b. It also underlines the need to refrain from discriminatory practices on any basis such as gender,sexuality,caste,etc
a.The law states that every person with mental illness should be treated as equal to a person with physical illness.
b. It also underlines the need to refrain from discriminatory practices on any basis such as gender,sexuality,caste,etc
4. Right to equality and non-discrimination
c. A woman availing mental healthcare enjoys the right to not be separated from her child who is below three years except on the basis of an assessment made by a psychiatrist.
c. A woman availing mental healthcare enjoys the right to not be separated from her child who is below three years except on the basis of an assessment made by a psychiatrist.
5. Right to information
Under this law, a person availing mental healthcare and their representative have the right to information with respect to the law in force, complete information with respect to the treatment and its side-effects.
Under this law, a person availing mental healthcare and their representative have the right to information with respect to the law in force, complete information with respect to the treatment and its side-effects.
6. Right to confidentiality
a. Every mental health professional is obliged to keep the information related to the treatment of the person seeking care confidential.
a. Every mental health professional is obliged to keep the information related to the treatment of the person seeking care confidential.
7. Restriction on the release of information
Photographs or any other information related to the care seeker should not be shared by the professionals. This includes the information stored in electronic or digital format in real or virtual space.
Photographs or any other information related to the care seeker should not be shared by the professionals. This includes the information stored in electronic or digital format in real or virtual space.
8. Right to access medical records
The clause allows the mental health professional to withhold information from the records if disclosure would result in serious mental harm to the person with mental illness; or likelihood of harm to other persons.
The clause allows the mental health professional to withhold information from the records if disclosure would result in serious mental harm to the person with mental illness; or likelihood of harm to other persons.
9. Right to personal contacts and communication
a. The person seeking mental health care is at the discretion to accept or reject visitors or communication through telephone or any form of electronic media, including email.
a. The person seeking mental health care is at the discretion to accept or reject visitors or communication through telephone or any form of electronic media, including email.
9. Right to personal contacts and communication
b. They may also request concerned authority to restrict visits or communication.
b. They may also request concerned authority to restrict visits or communication.
10. Right to legal aid
a.A person with mental illness shall be entitled to receive free legal services to exercise any of their rights given under this act.
b.Authorities are obliged to assist persons with mental illness in seeking legal aid under the relevant legislation.
a.A person with mental illness shall be entitled to receive free legal services to exercise any of their rights given under this act.
b.Authorities are obliged to assist persons with mental illness in seeking legal aid under the relevant legislation.
11. Right to make complaints about deficiencies in the provision of services
Any person with mental illness or their nominated representative, shall have the right to complain regarding deficiencies in provision of care, treatment and services in a mental health establishment.
Any person with mental illness or their nominated representative, shall have the right to complain regarding deficiencies in provision of care, treatment and services in a mental health establishment.
