Chapter 1 Context of mental health legislation = 1
1. Introduction = 1
2. The interface between mental health law and mental health policy = 2
3. Protecting, promoting and improving rights through menal health legislation = 3
4. Separate versus integrated legislation on mental health = 7
5. Regulations, service orders, ministerial decrees = 7
6. Key international and regional human rights instruments related to the rights of people with mental disorders = 8
7. Major human rights standards applicable to mental health = 13
8. Technical standards = 15
9. Limitation of rights = 16
Chapter 2 Content of mental health legislation = 19
1. Introduction = 19
2. Preamble and objectives = 19
3. Definitions = 20
4. Access to mental health care = 27
5. Rights of users of mental health services = 31
6. Rights of families and carers of persons with mental disorders = 38
7. Competence, capacity and guardianship = 39
8. Voluntary and involuntary mental health care = 43
9. Staff requirements for determining mental disorder = 61
10. Special treatments = 62
11. Seclusion and restraint = 64
12. Clinical and experimental research = 66
13. Oversight and review mechanisms = 67
14. Police responsibilities with respect to persons with mental disorders = 72
15. Legislative provisions relating to mentally ill offenders = 75
16. Additional substantive provisions affecting mental health 81
17. Protections for vulnerable groups . minors, women, minorities and refugees = 83
18. Offences and penalties = 86
Chapter 3 Process: drafting, adopting and implementing mental health legislation = 89
1. Introduction = 89
2. Preliminary activities = 91
3. Drafting mental health legislation = 96
4. Adoption of legislation = 103
5. Implementing mental health legislation = 106
References = 113
Bibliography = 118
Annexes
Annex 1 WHO Checklist on Mental Health Legislation = 119
Annex 2 Summary of major provisions and international instruments related to the rights of people with mental disorders = 155
Annex 3 United Nations Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care = 157
Annex 4 Extract from the PAHO/WHO Declaration of Caracas = 165
Annex 5 Extract from the Declaration of Madrid of the World Psychiatric Association = 166
Annex 6 Example: Rights of a Patient as specified in Connecticut, USA = 169
Annex 7 Example: Rights of Recipients of Mental Health Services, State of Maine Department of Behavioral and Developmental Services, USA = 171
Annex 8 Example: Forms for involuntary admission and treatment (combined approach) and appeal form, Victoria, Australia = 173
Annex 9 Example: New Zealand Advance Directives for Mental Health Patients = 178
1. Introduction = 1
2. The interface between mental health law and mental health policy = 2
3. Protecting, promoting and improving rights through menal health legislation = 3
4. Separate versus integrated legislation on mental health = 7
5. Regulations, service orders, ministerial decrees = 7
6. Key international and regional human rights instruments related to the rights of people with mental disorders = 8
7. Major human rights standards applicable to mental health = 13
8. Technical standards = 15
9. Limitation of rights = 16
Chapter 2 Content of mental health legislation = 19
1. Introduction = 19
2. Preamble and objectives = 19
3. Definitions = 20
4. Access to mental health care = 27
5. Rights of users of mental health services = 31
6. Rights of families and carers of persons with mental disorders = 38
7. Competence, capacity and guardianship = 39
8. Voluntary and involuntary mental health care = 43
9. Staff requirements for determining mental disorder = 61
10. Special treatments = 62
11. Seclusion and restraint = 64
12. Clinical and experimental research = 66
13. Oversight and review mechanisms = 67
14. Police responsibilities with respect to persons with mental disorders = 72
15. Legislative provisions relating to mentally ill offenders = 75
16. Additional substantive provisions affecting mental health 81
17. Protections for vulnerable groups . minors, women, minorities and refugees = 83
18. Offences and penalties = 86
Chapter 3 Process: drafting, adopting and implementing mental health legislation = 89
1. Introduction = 89
2. Preliminary activities = 91
3. Drafting mental health legislation = 96
4. Adoption of legislation = 103
5. Implementing mental health legislation = 106
References = 113
Bibliography = 118
Annexes
Annex 1 WHO Checklist on Mental Health Legislation = 119
Annex 2 Summary of major provisions and international instruments related to the rights of people with mental disorders = 155
Annex 3 United Nations Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care = 157
Annex 4 Extract from the PAHO/WHO Declaration of Caracas = 165
Annex 5 Extract from the Declaration of Madrid of the World Psychiatric Association = 166
Annex 6 Example: Rights of a Patient as specified in Connecticut, USA = 169
Annex 7 Example: Rights of Recipients of Mental Health Services, State of Maine Department of Behavioral and Developmental Services, USA = 171
Annex 8 Example: Forms for involuntary admission and treatment (combined approach) and appeal form, Victoria, Australia = 173
Annex 9 Example: New Zealand Advance Directives for Mental Health Patients = 178