V. The Role of Legislation in Protecting the Rights of Mental Health Patients

People with mental disorders constitute one of the most vulnerable groups in society and are at great risk of encountering violations of their basic rights. Mental illness can affect individuals’ thinking, emotions and behavior in a way that can render them unable to protect themselves and their interests. The stigma associated with their illness, and the attendant discrimination, makes it very possible that their rights will be ignored, even during the process of their treatment. For these reasons, the law is needed to safeguard the rights and interests of individuals with mental disorders. On the other hand, there are exceptional circumstances when an individual’s mental illness is so severe that medical intervention is necessary even against the will of the patient, in order to secure his or her safety and the safety of others. Legislation thus must balance the rights and personal freedoms of those who are in such circumstances, including their right to treatment and care, with the requirements for the health and safety of others.

 
As has been discussed at length above, people with mental disorders are often subject to abuse, even in health care settings and especially in asylums and shelters. A mental health law, then, must set down a number of fundamental principles related to health care, such as treatment in the least restrictive environment, respect for patients’ privacy, necessity of informed consent to treatment in cases where the mental capacity of the patient permits it, provision of appropriate safeguards in cases of involuntary treatment (including the right to appeal those decisions and procedures) and the protection of the rights of individuals in mental institutions.⁴⁶ 

However, it is important to mention that such legislation should not be limited to the field of health or the regulation of treatment but must also ensure the rights of persons with mental disability in all aspects of their lives, such as housing, education, work and social security, as well as provisions to guarantee equal opportunities in those and other fields.

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46- World Health Organization, "Mental Health Legislation and Human Rights" (2003), p. 2.