Supports the Egyptian Initiative for Personal Rights, the many positive aspects contained in the bill passed by the Council of Ministers in November 2008, which avoid the many negative aspects in the current bill, which was displayed above. However, the new project still has some shortcomings that will prevent him from achieving the purpose of compliance with the legal obligations of the state on mental health. It recommends that the Egyptian initiative is to remedy these aspects during the discussion of the project in Parliament, when drafting its executive regulations, as well as the application of policies, programs and plans in the framework of the application of law after approval.
A - Scope of legal protection for individuals with mental disorders
Article I of Part I of the draft law is, apply the provisions of the law installations psychological, or psychiatric hospitals and departments and centers, psychiatric public and private, and excluded the bill so the private clinics of the scope of application.
The Palace of the scope of the draft law on the protection of patients detained for treatment in psychiatric hospitals in this way assuming they are the most vulnerable to the violation of their rights. Although this is true, but that the violation of the rights of individuals with mental disorders - unfortunately - is not limited to those places alone. Individuals with mental disorders are at risk of stigmatization, discrimination and exploitation in any place and, hopefully, in the law specially developed for their protection that includes protection against all these individuals, and not only those of them who are receiving treatment or mental sanatoriums.
Is excluded from the scope of the bill to protect, for example patients attending outpatient clinics or primary care centers or under the orders of treatment outside of hospitals. It also excluded the law of patients receiving treatment in rehabilitation centers or residential homes, which may be created in the future, in addition to the exclusion of private clinics is attached to hospitals from the provisions of the law, note that the law of the organization of medical facilities (No. 51 of 1981) authorizes the clinics for a number of family (maximum three). It is well known that some of these clinics sometimes practiced types of special treatments such as electrolysis treatment to patients.
When the impact R-represented if the Egyptian Initiative for Personal Rights, these points him with the General Secretariat of Mental Health, the response of officials of the Secretariat to the Egyptian laws, not determined SCOPE OF effect on individuals, but on the place of volunteerism Baiq, and that there are other laws which regulates installations T Biya is responsible for the organization of these shops should not conflict with it, and that there are difficulties in monitoring Baiq paint the law to those places and inspection due to lack of resources.
However, these justifications and the difficulties should not be a barrier to the provision of legal protection for all individuals with mental disorders to prevent or extend the law to them, and we have an example in this regard within the package Child Law amendments approved by parliament in June 2008 , Which apply to all children wherever they are, without locating the operation of law, and the same applies to the disabled bill currently before the Council of Ministers. Also, problems such as conflict between the laws or the difficulties of monitoring the application should work to resolve them, do not be a justification to deprive the majority of individuals with mental disorder wherever they are exposed to abuse and exploitation at home and at work, in schools and in clinics and in any other parts of the protection of the law .
And suggests the Egyptian Initiative for Personal Rights, therefore, that Article I adjusted to achieve this purpose as follows: "This law shall apply to all individuals living with mental disorders, including people who are assessed for entry into mental health facilities."
To the right to community integration
As mentioned, the world witnessed since mid-last century increasingly critical to isolate individuals with mental disorder in mental health institutions, and tends to rely on community treatment and community mental health services rather than use these clinics. And became the right to social integration is seen as one of the human rights of individuals with mental disorders, it preserves their dignity and preserve their independence and ensure them better health care, and provides them a better chance to work and live in their environment familiar to them and participate in society. The treatment of individuals with mental disorders in the community and empower them and support their families and stimulate the energies of the community in this regard is an important strategy in the eradication of stigma and discrimination connected with the mental illness.
While alert the World Health Organization that the shift from the direction of isolation institutional should be an essential part of the sector reform plan mental health care, but it warns that this shift is not soon emptied psychiatric patients, but must be good coordination progressive and parallel with the create a tight network of community services. The alert also noted that there are three key aspects to ensure the success of the process of transformation and reform of those, namely, to avoid the entry is not necessary to the hospitals by providing alternatives to the service community mental, and rehabilitation of chronic patients in hospitals qualified well and get them out to the community, and support the community's role in providing support for patients .
Although the bill went to the controls on the entry forced to reduce and prevent the survival of extended frameworks well too in the clinics, also introduced a system of commands therapeutic seeking the same goal, which is in itself essential, however, that recourse to these actions without providing community mental health services will not be enough to Alat Laq to protect the rights of psychiatric patients or eliminate the survival of individuals in hospitals without the need for treatment or to facilitate the reintegration of individuals with Badt rap myself in the communities.
The status quo is a real crisis in the psychiatric-governmental organizations in Egypt, already suffering from the limited material and human resources, which was confirmed by many doctors and medical personnel in the governmental psychiatric hospitals, who said one of the researchers of the Egyptian Initiative:
"We have many patients Athassanoa Avatar Aaosenhm or not their parents Maandhmh house or limit care for them, if Spenahm Haitbhdloa or leave their Hataatdhor Haergawa and worse than the first ... but forbidden spend every age here, knowing we work with them Omh er ."
As stated above, the shift toward community-directed treatment is already one of the goals of mental health policy in Egypt, which failed to achieve adequately for two decades at least. The new legislation for mental health should be a good opportunity to take advantage of them to the fullest extent to achieve the goals of community integration.
The advantage of the legislative framework to ensure that commit the State to provide such services, and ensure the provision of resources and support, training and coordination necessary to implement that, and in his ability to guide health policies and programs necessary to achieve its objectives.
1 - the text on the State's obligation to ensure the provision of mental health services within primary health care network. This would lead to better access to mental health services and access to disadvantaged segments of rural and remote areas by taking advantage of resources already present, especially since Egypt has a wide network of primary care units and a similar system of social care services. The provision of psychological service in primary care centers will help to detect and treat the disease early and reduces the need for forced entry to the hospitals. Recalling the global estimates that about 20% of the cases that are coming to primary care centers suffer from a mental disorder, but not detected due to lack of experience and training available to doctors and staff at these centers.
2 - the text on the State's obligation to provide universal access to treatment and community. And can provide for services to be provided in detail. The law of the State of Mental Health of Jamaica, for example, asserts that "The Community Mental Health Authority the task of providing services, psychiatric clinics foreign patients, and rehabilitation services for people who came out of mental facilities, and Waller And home care supervisory, and support for people with mental disorder .
3 - the text to be bound by the principle of asylum as much as possible for treatment in the "least restrictive environment" and a commitment to give priority to the treatment community, and the use of forced entry to the clinics Astnvadz as a last resort after all other therapeutic options. For example, in Argentina, the law stipulates that "the entry to the hospital must be a last resort, After exhausting all the good things other therapeutic ... In all cases, you must reduce the length of stay as much as possible. "53 and also provides Portuguese law that" is the provision of mental health care, first at the community level, to avoid the removal of patients from their environment familiar, and to facilitate their rehabilitation and social integration .
It is important in this regard to adopt the texts of articles on access to hospitals, the principle of "least restrictive environment", was added to Article 9 Of the bill relating to access voluntary and that allows each patient myself reached the age of ten be asked to enter the hospital, that "when entering the hospital must be the doctor examined the patient and consent to entry after making sure that the means of treatment is the least restrictive did not prove successful or that it is appropriate to the patient's condition. "
c when the protections of forced entry and compulsory treatment
Each of the compulsory entry and compulsory treatment of controversial subjects in the mental health thorny because they represent a restriction on personal freedom and the right to choose, and can ill-exploitation in some cases. For this keen international conventions to determine the criteria to be met at the resort to the entry of forced and compulsory treatment and the development of appropriate measures to ensure protection of rights and prevent abuses.
It seems evident in the texts of the new draft law seeking the authors of the project to comply with these standards, and keen to come items consistent with this goal. Although the bill achieves this goal to a large degree, but there are some aspects that still need to update:
standards mandatory entry
Article 12 of the draft law, conditions under which admission is mandatory to any of the mental health facilities, namely: the presence of clear signs indicate the presence of mental illness severe Att core of the treatment to enter one of the mental health facilities because of the possibility of deterioration and imminent psychological state or because the symptoms of the disease represent the psychological For a serious and imminent threat to the safety or health or the life or safety of the patient and the health and lives of others. In general, this text is in line with international recommendations in this regard.
However, it is also important to underline when determining the existence of mental illness or not the need to adhere to the full content of Principle (4) of the United Nations Principles for the protection of people with mental illnesses and to improve mental health care. And that principle requires that the report is Aladt rap psychological and T according to the standards of internationally accepted pulp, and are not Aladt report Rap psychological depending on the political status or economic or social or membership in a group w rhyme or ethnic, religious or any other reason not directly relevant to the case of mental health, and should not be a family dispute, vocational or non-Alamtt the values of ethical, social, or Ii Rhyme or political or religious beliefs prevailing in a person's community is a determining factor in the diagnosis of psychological Aladt rap. It also should not be the date of entry or treat the person in the hospital as patients justification for any decision on the determination of his mental illness later. Nor shall any person or authority shall classify a person was diagnosed with mental illness or a reference to this any other way except for purposes related to reason that psychological or consequences.
In order to promote the principle of treatment in the environment the least restrictive and to achieve the goal of reducing cases of forced detention in hospital as possible, it is also useful text in the article on the introduction of compulsory (Article 12) the need to ensure that the interest of therapeutic desired entry is forced can not be achieved in less restrictive environment of the hospital. And that the law does not allow the entry to the hospital for non-therapeutic purposes. It is also proposed to include the basics mentioned in Principle (4) when the patient's psychological definition in Article 3 of Part I of the project.
Treatment of the psychiatric patient
chapter of the draft law as described above between the input of compulsory measures and procedures for compulsory treatment, and make an independent assessment of the latter, and held the doctor's responsibility to determine the mental capacity of the patient (Article 31). And the keenness of the bill also ensure the right of the patient's home involuntarily to mental health facilities to agree on the type of treatment provided to him or his refusal (Article 31), and enjoined the physician to obtain the consent of the patient's free and informed consent prior to treatment, and record the treatment plan and consent of the patient's medical file. Also keen to ensure a balance between this right and the need to intervene in cases of urgent medical treatment has allowed the compulsory emergency for 24 hours (Article 34). The bill also enjoined the doctor to review the compulsory treatment of each month at the most, requiring access to an independent evaluation if this treatment more than three months.
These actions are consistent with legal and professional standards to a large extent, but there are many important details that the bill be referred to the Regulations, and that should the new law that provided for in the board, such as:
• definition and standards of informed consent the right to treatment that is before the patient: the "consent obtained freely without threats or inducements, after disclosure to the patient in a manner appropriate for adequate and understandable information about diagnosis and the purpose of treatment and manner, duration and expected benefits and methods of alternative treatment and side effects of treatment the proposal. "
• determine the criteria conditions urgent therapy is given without the consent of the patient. And must provide for the need to prove that the obligation to normal procedures that would cause a delay may result in harm to person or to others, and it must not be allowed to subject the patient to another round of emergency treatment after the first session directly. Must also determine the quality of treatments allowed in the special period, and the text, however, may include the use of emergency treatment or electrical treatment, psychotropic drugs and long-acting effect, or any of the treatments that can not refer for psychological effects, such as surgery.
• Clarify the procedures for imposing compulsory treatment in detail, and how it will assess the treatment of compulsory separately on the assessment of entry and compulsory in accordance with the standards of the International Medical (58) include those standards that are off treatment plan from the authority of an independent review, and of course to ensure that the patient and his representatives the right to challenge the decisions of compulsory treatment .
Special treatments or transcendental
Article 32 of the draft law on the prohibition of giving a patient any treatment of psychological treatments used in psychiatry by his knowledge and prior to obtaining consent, while allowing a doctor to force the patient to treatment in some cases subject to compulsory treatment procedures.
However, the bill came was stationed the majority of items as mentioned above in detail on the topics of access and treatment in psychiatric hospitals. This prevents limited to only medical approach between the law and achieve the desired protection for individuals with mental disorder or mental health promotion in general.
The World Health Organization recommends that legislation aimed at protecting the rights of individuals with Badt rap myself should not be limited to topics of mental health, public health, but also extends to the areas of housing, education, work, etc., to the fact that these areas are necessary to improve the lives of individuals with Badt rap myself and mental health promotion and prevention of Aladt Rabat psychological.
The draft law on the protection of individuals with disabilities, the government recently announced the completion of the formulation, the opportunity to compensate for this lack of a bill of mental health. Handicapped Act is primarily intended to incorporate the terms of the International Convention for the Protection of the Rights of Persons with Disabilities in the structure of the Egyptian law, to protect and promote the rights of all persons with disabilities and their dignity, including those with mental disabilities.
The Convention requires, ratified by Egypt in April 2008 , States parties to take necessary measures to the maximum of available resources to achieve progressively the full realization of economic, social and cultural rights of these individuals, and among these measures legislation 0.78 including legislation that may be necessary to accelerate de facto equality of persons with disabilities.
These actions are consistent with legal and professional standards to a large extent, but there are many important details that the bill be referred to the Regulations, and that should the new law that provided for in the board, such as:
• definition and standards of informed consent the right to treatment that is before the patient: the "consent obtained freely without threats or inducements, after disclosure to the patient in a manner appropriate for adequate and understandable information about diagnosis and the purpose of treatment and manner, duration and expected benefits and methods of alternative treatment and side effects of treatment the proposal. "
• determine the criteria conditions urgent therapy is given without the consent of the patient. And must provide for the need to prove that the obligation to normal procedures that would cause a delay may result in harm to person or to others, and it must not be allowed to subject the patient to another round of emergency treatment after the first session directly. Must also determine the quality of treatments allowed in the special period, and the text, however, may include the use of emergency treatment or electrical treatment, psychotropic drugs and long-acting effect, or any of the treatments that can not refer for psychological effects, such as surgery.
• Clarify the procedures for imposing compulsory treatment in detail, and how it will assess the treatment of compulsory separately on the assessment of entry and compulsory in accordance with the standards of the International Medical (58) include those standards that are off treatment plan from the authority of an independent review, and of course to ensure that the patient and his representatives the right to challenge the decisions of compulsory treatment .
Special treatments or transcendental
Article 32 of the draft law on the prohibition of giving a patient any treatment of psychological treatments used in psychiatry by his knowledge and prior to obtaining consent, while allowing a doctor to force the patient to treatment in some cases subject to compulsory treatment procedures.
Is that the draft law did not distinguish in this respect between the regular treatments and special treatments or transcendental, such as surgery or hormone therapy psychological or otherwise of treatments, especially those which bear signs can not be reversed. 59 It also did not differentiate the bill in the approval of the organization to receive this type of treatment between the patient, who was entered voluntarily and others who have been admitted involuntarily.
The principles of the United Nations prohibits the strictly psychological surgery or other intrusive forms of treatment can not remedy the Ath See him for a patient depositor mandatory in a facility for mental health, and allowed the utilization of these treatments for patients entering voluntary provided that "within the limits of domestic law, and after informed consent from the patient, and after the independent body has satisfied itself that the consent of the patient's real and that the treatment meets the best the health needs of the patient. " 60, and also banned the principles strictly sterilization procedure as a treatment for any psychiatric disorder.
Although some of these treatments may not be known in Egypt, but it has to be regulation with anticipation for the future. Must be provided by law on the prohibition of psychiatric surgery or other intrusive forms of treatment can not remedy its effects, a patient filed in the compulsory mental health facility, or any patient unable to give free and informed consent to treatment. The law should specify all the procedures to be followed to protect patients who are unable to give consent when resorting to these treatments. Should include those procedures requiring prior approval of the Council of mental health, provided that the Board examine the patient and ensure its ability to give informed consent, and availability of all the conditions of informed consent are correct, including knowledge of the patient with all the consequences and side effects, and that this treatment is the treatment best for the patient. Should stipulate the prohibition of sterilization as a treatment for mental disorder a total ban, which is free from the current bill.
Review and oversight mechanisms
Had to international standards that allow the independent review of all involuntary detention decisions, and that those decisions are reviewed periodically at specified intervals. This body, which may be a judicial or quasi-judicial or other nature must be independent and established by law and operates according to its procedures. And should allow the patient's right to make requests to it, as the patient's personal representative or any interested person the right to appeal to a higher court decisions, and provide the patient all the procedural safeguards in this regard. 62 You must also include the individual disciplines Mtnoaa supervisory and regulatory tasks, such as regular inspection of facilities and monitoring of patient conditions and record statistics and update records and to provide guidance and recommendations and so on.
The draft law on the establishment (the National Council for Mental Health) Ministry of Health and Population, and a number of regional councils of the mental health of his affairs, health directorates in the governorates (Article 4 ), So that you can complete the tasks of the councils of the review and supervision are adequate, and to avoid the failure that may arise from carrying out the Council and one each of these tasks, as is the case in current law, identifying the formation of these councils and the nature of their work. It is positive that the project was keen to include mental health boards of a wide variety of specialist doctors and judges and social workers. The project also included representatives from the membership of the Council of the National Council for Human Rights and the NGO representative to patients and their families. And introduced the bill also created offices of the councils within the psychiatric facilities, the autonomous management of the establishment, in order to facilitate the work of councils and to confirm its effectiveness (Article 8, paragraph 5 ).
As stated above, the boards of Mental Health will review the decisions and treatment of forced entry, and the functions of the licensing of hospitals and the supervision and inspection. Here arises one of the problems with the bill and that is that the configuration, which provided for the project is predominantly government strongly: Most members of government officials are selected by virtue of their office or by their superiors or their governing bodies concerned, including NGOs and representatives of patients and their families. Indeed, the National Council for Mental Health is headed by the minister personally, a representative from the executive authority responsible for providing the service, which assumes that the Council's role is to monitor. Such a configuration, which makes the government to censor itself to contradict the desired independence of these boards and weaken their ability to perform its desired role.
It recommends the Egyptian Initiative for Personal Rights to take into account in the formation of these councils to be independent of most of its members, and to expand the inclusion of members of trade unions and professional associations, public figures and human rights associations and representatives of the psychiatric patients and their families. Text must also take into account the absence of a conflict of interest when you exercise the functions of the council members, especially members of the medical team may be on the side of its membership in the Council responsible for a hospital that does inspect. It must also be an appropriate mechanism to ensure the renewal of membership periodically and at reasonable intervals.
It is also important that the law defines the time scale that must be where the regional councils to review all admissions and treatment of obligatory, and that is this review at frequent intervals with proven records. It must also be made to the review of compulsory admissions review voluntary admissions that goes on staying in the hospital for a long time, to ensure the safety of medical evaluation and interpolation the proper criteria for admission and voluntary particular, the requirement of free and informed consent.
The right of complaint and grievance
ensured Article 20 of the draft law for the patient and his family and his lawyer all the rights of complaint and appeal of decisions of the seizure and compulsory treatment to the National Council for Mental Health, and necessitated the decision in this appeal in a specified period. The advantages of this Article that the right to appeal this has been extended to become the right of Jean-care patients' rights to appeal against the decisions of detention and compulsory treatment on behalf of the patient, which provides for patients who lack the potential to help parents or means their matters that are of such committees to defend their right to grievance. And allow the same article of the complainants to appeal to all administrative decisions in court, and that they have all the procedural guarantees in this regard.
However, the draft law does not define the meaning of this "procedural safeguards", and the Regulations to clarify the safeguards that must be consistent with international standards, especially the patient's right to choose counsel, and to provide a lawyer free of charge if you do not Istt p payment, and obtain Copies of records or reports, and a decent stretch Alut Obh relating to his condition, and that him and his lawyer may provide independent reports and certificates on his psychological state, and to attend meetings in which they are considering participating in his complaint, and that would be entitled to call witnesses.
Children and minors
Article 11 of the bill is the only article in the law concerning children with mental illness. The article allows the introduction of the child under the age of 18 years to the hospital or out at the request of parents or guardian. However, the article makes it to inform the Council of the mental health of the child to enter a psychiatric facility is discretionary.
According to international recommendations that the mental health legislation in general should be reduced as much as possible cases of the introduction of children to hospitals and psychiatric facilities, given the ease of their vulnerability and weakness, and the negative impact that may cause the dismissal of their natural growth. So the legislation to encourage treatment in the community by primary care or community care.
The increasing importance of reducing the introduction of children to mental health clinics if we take into account the severe scarcity of facilities for children in Egypt, which takes into account the needs of physical and psychological development for them. The proposed text in this article that "the child shall not enter the hospital only as a last resort and after exhausting all alternatives the least restrictive treatment." You will also be taking into account the relative maturity of the minors who are capable of discrimination when making decisions related to their detention or treatment in clinics, through the text on the necessity of "taking into account the views of the palace in the issues of consent to enter and treatment according to their age and maturity."
And recommends the Convention on the Rights of the Child, ratified by the Egyptian government in 1999 to observe the right of children who receive care or treatment of physical or mental institutions in that their condition is reviewed periodically.
It is therefore necessary that the law requires to inform the Board of mental health for all cases of the introduction of children to hospitals, and that the Board is committed to review their situation regularly to fixed terms in the law, so make sure to need admission to ensure the speed of their exit from the hospital, as soon as their condition to do so.
The law must also be strictly prohibited to subject children to treatment for all electrical and surgical treatments for mental and sterilization.
As mentioned above, the severe shortage of psychiatric facilities for children, which provides them with their needs of education, study and social growth and age-appropriate activities, we must bestow the text on the law by requiring the state to provide and to provide these services. And provides for the inadmissibility of the detention of children in the places allocated for the establishment of adults.
Deposit or judicial decisions
bill allocates Chapter III of the cases in which the referral is accused of committing a crime to deposit in one of the mental health facilities in order to assess his psychological state.
The theme for the treatment of patients placed orders judicial psychiatric hospitals must find a big problem for serious solutions to them. There are cases ruled in sections deposit more than twice the length of time the maximum penalty due on the crime charged, and there are those who have spent many years in hospitals for committing minor infractions. 68 Despite the end of the pathogens of their detention, the lack of order and security concerns exaggerated leave these detainees held hostage to endless detention without hope of release, which lead them to relapse, or repeated attempts to escape, and sometimes to suicide.
The first draft of the new bill had included a clause on the need to reassess the patient depositors of the judicial treatment of mental health hospitals once every three E months at least and better as a result of the assessment to the local council for Mental Health to consider the necessity of continuing the deposit of the patient for treatment or not, and that the right of the applicant or the values it obtained a copy of this assessment. However, this paragraph was eliminated from the final draft of the law for no apparent reason.
The Law on Criminal Procedure, currently in Chapter XIII of Title I of the second book that is labeled disgraceful: (insane patients) how to deal with patients depositors judicial orders. Perhaps the title of the door itself to the need to develop an effective mechanism to deal with cases filed for judicial reasons, taking into account their human rights as well as safeguards for members of the community. It is essential that this mechanism includes periodic psychological evaluation procedures and termination of deposit at the expiration of its causes and special programs to prepare detainees for the exit.
The list of rights and freedoms
Article 45 of the draft law on the list of rights that addresses the patient's psychological psychiatric facilities necessitated by the commitment and imposed sanctions of its opposers. This article and the authors of the project is keen to protect the rights of the patient's psychological addresses within those facilities. However, it is necessary to expand that list to include all fundamental freedoms and rights guaranteed by international charters for individuals with mental disorder in general psychiatric facilities, whether inside or abroad.
Might have had a limited SCOPE OF validity of the draft law on patients in psychiatric facilities as described above only came The focus of this based on some of the rights and the omission of others while important, something that violates the first principle of the United Nations Principles for the protection of people with illnesses psychological, which is enjoined to ensure the fundamental rights and freedoms of all individuals living with mental illness wherever they are, whether they are located within the facility psychological or abroad. Came a list of the rights of the psychiatric patient in the bill free from a number of basic rights such as the right to protection from all types of discrimination, exclusion or classification. As it came free of emphasis on ensuring all the civil and political rights, economic, social and cultural rights, and all the rights and freedoms contained in international treaties ratified by Egypt.
And must be as stated above, that is also available to detainees in psychiatric hospitals and all rights in persons subjects in custody .71 detention of individuals against their will, removal, and subjected to different kinds of treatment which may limit to a large degree of their mental and motor is very dangerous, especially when it is exposed him unable to defend themselves because of the nature of the illness itself. To this must be to ensure those rights in full, it must provide for the need to inform the patient in a language he understands because of his detention and how to enable it to T for the decision of his detention, and to know when and where the meeting will take place for the consideration of this T for, and shall be provided with a lawyer free of charge to represent night in a procedure for for T, while allowing the patient and his lawyer Balat Laa all the records T Pulp of the patient, and allow them enough time to prepare a defense and to submit their own evidence, including witnesses. You should also inform the patient in the decision of the Court as soon as this decision and to be justified and subject to appeal.
E reference text on human rights and the goal of the legislation
because the values of human rights is "an essential starting point for all mental health legislation,"
The law must declare its commitment to human rights in this reference, which is currently missing from the bill. And contributes to the text on the adoption of the law of the human rights of people with mental disorder and the text to be bound by the right of all individuals in the physical and mental health, in the fight against stigma and discrimination against the mentally ill and in emphasizing the government's commitment to its responsibility towards the right of individuals to mental health care along with health care, physical.
Several countries have been keen to include such human rights perspectives in the preamble and body of legislation. For example, the preamble to the Law on the Protection of mental health in Poland that the law has been issued 'recognition of the fact that the mental health value of the fundamental human, and to protect the rights of people with mental disorders era committed by the State'.
On the other hand, lacks the bill to the text on the target or the general principles of wanting to achieve. It is important when drafting legislation that provided for by law. The text on the goals first helps to ensure consistency of the law's provisions with those goals, and second, because the formulation of laws are usually public, and the text on the general principles provide guidance for those in charge of implementation and interpretation in the formulation of regulations and the issuance of administrative orders, and provides a general framework to guide policy makers and software necessary to implement law. It must of course be consistent with these objectives the rights standards.
The WHO recommends that in general the goals of mental health legislation seeks to achieve them must include "the promotion and protection of rights of people with mental disorder and non-discrimination and improve access to psychological services and the approach based on the community in this context."
And include some of the country's list of detailed and comprehensive objectives of the law, such as the mental health care for South Africa set up in 2002, which states that the
"the objectives of this law are:
A - the organization of the environment of mental health in a way:
1 - was able to provide the best in the resources of mental health care, treatment and rehabilitation,
[# 2] - make mental health care, treatment and rehabilitation services effective available for all the fair and the best, with the coordination and integration,
[# 3] - fall under the general environment for health services;
- Determine the rights and obligations of users of mental health care and the duties and obligations of providers of mental health care;
c - the organization of the provision and availability of mental health care to:
1 - users of health care services psychological voluntarily or forcibly, or help,
[# 2] - Patients are not eligible to appear before the courts or understand their criminal acts,
3 - prisoners with illness psychological;
D - the organization of the way of dealing with psychiatric patients by the courts;
E - be prepared to deal with relevant issues. "
It is also possible to achieve the same purpose through guided by the principles contained in the explanatory memorandum to the draft law and incorporated in the preamble of the law or board.
And - ensure equal opportunities and promote the rights of persons with mental disabilities
According to the explanatory memorandum accompanying the preliminary draft of the bill, signed by the Minister of Health and Population, the new draft law that aims to develop a comprehensive law for mental health.
However, the bill came was stationed the majority of items as mentioned above in detail on the topics of access and treatment in psychiatric hospitals. This prevents limited to only medical approach between the law and achieve the desired protection for individuals with mental disorder or mental health promotion in general.
The World Health Organization recommends that legislation aimed at protecting the rights of individuals with Badt rap myself should not be limited to topics of mental health, public health, but also extends to the areas of housing, education, work, etc., to the fact that these areas are necessary to improve the lives of individuals with Badt rap myself and mental health promotion and prevention of Aladt Rabat psychological.
The draft law on the protection of individuals with disabilities, the government recently announced the completion of the formulation, the opportunity to compensate for this lack of a bill of mental health. Handicapped Act is primarily intended to incorporate the terms of the International Convention for the Protection of the Rights of Persons with Disabilities in the structure of the Egyptian law, to protect and promote the rights of all persons with disabilities and their dignity, including those with mental disabilities.
The Convention requires, ratified by Egypt in April 2008 , States parties to take necessary measures to the maximum of available resources to achieve progressively the full realization of economic, social and cultural rights of these individuals, and among these measures legislation 0.78 including legislation that may be necessary to accelerate de facto equality of persons with disabilities.
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