16/11/2018
Mental Health and the Law
There is a strong relationship between mental health and the law, as far as the rights of people with mental illness is concerned the World Health Organisation outline 10 basic principles that should protect the rights of people with mental illness:
Mental Health Care Law: 10 Basic Principles - World Health Organisation
• The promotion of mental health and prevention of mental disorders.
• Access to basic mental health care.
• Mental health assessments in accordance with internationally accepted principles.
• Provision of the least restrictive type of mental health care
• Self-determination
• Right to be assisted in the exercise of self-determination
• Availability of review procedure
• Automatic periodical review mechanism
• There must be a qualified decision-maker to detain the person
• Respect for the rule of law.
Mental Health and the Law
Expert Psychologists who work with individuals who have mental illnesses frequently have two provide expert opinion for the prosecution and defence in criminal cases.
Mental health law includes areas such as the insanity plea, fitness to stand trial and testamentary capacity. Mental health law is also concerned with establishing mens rea and culpability, and compulsory detention.
The intersection between mental health and the law is further developing in the area of forensic evaluation of children and adolescents in child custody, its application to delinquency, maltreatment, personal injury and court-ordered evaluations.
