2. All persons with a mental illness, or who
are being treated as such persons, shall be
treated with humanity and respect for the
inherent dignity of the human
person...There shall be no discrimination
on the grounds of mental illness..."
3. All Human rights organizations set forth
codes by which they align their purposes and
activities .
The mental health declaration of human rights
articulates the guiding pricples of CCHR
(citizen communication of human rights ) and
the standard aginst which human rights
violations by psychaitry are relentlessly
investigated and exposed .
4. Mental health is a state of well-being in
which the individual realizes his or her
own abilities, can cope with the normal
stresses of life, can work productively
and fruitfully and is able to make a
contribution to his or her community
5. Mental illness is a
recognized, medically
diagnosable illness that
results in the significant
impairment of an
individual’s cognitive,
affective or relational
abilities.
6. Mental disorders result from biological,
developmental and/or psychosocial factors
and can be managed using approaches
comparable to those applied to physical
disease (i.e., prevention, diagnosis, treatment
and rehabilitation)
7. The simplest way defining human rights is
that they are about balancing the inalienable
rights of all of us as human being within the
community regardless defferences in birth
,social origin,gender ,physcial defferences
,faith and belief ,ideology ,nationality and so
on.
8. THE PSYCHIATRIC PATIENTS CURRENTLY
HAVETHEFOLLOWING RIGHTS:-
Right to communicate with people outside the
hospital through correspondence, telephone,
and personal visits.
Right to wear clothing and personal effects
withthem in the hospital
9. Right to religiousfreedom
Right to be employed ifpossible
Right to manage and dispose ofproperty
Right to executebills
Right to enter into contractual relationships
10. Right to education
Right to habeas corpus
Right to independent psychiatric examination
11. Right to retain licenses, privileges, or
permits established by law, such as driver’s
or professional license
Right to civil service status
Right to sue or be sued
Right to marry and divorce
12. Right to make purchase
Right to hygienic condition
Right not to be subject to unnecessary
mechanicalrestraints
Right to periodic review ofstatus
13. Right to legalrepresentation
Right to privacy
Right to informedconsent
Right to treatment
Right to refusetreatment
Right to treatment in the least restrictive
setting
14.
15. Right to Communicate With People Outside
the Hospital :
This right allows patient to visit and hold
telephone conversations in privacy and send
unopened letters to anyone of their choice,
including judges, lawyers, families, and staff.
16. Although the patient has the right to
communicate in an uncensored manner, the
staff may limit access to the telephone or
visitors when it could harm the patient or be
a source of harassment for the staff. The
hospital also can limit the times when
telephone calls are made and received and
when visitors can enter the facility.
17. Right to Keep Personal Effects:-
The patient may bring clothing and personal
items to the hospital, taking into
consideration the amount of storage space
available. The hospital is not responsible for
their safety, and valuable items should be left
at home.
18. If the patient brings something of value to
the hospital, the staff should place it in the
hospital safe or otherwise provide for
maintaining a safe environment and should
take dangerous objects away from the
patient if necessary.
19. Right To Enter Into Contractual
Relationships:-
The court considers contracts valid if the
person understands the circumstances of the
contract and its consequences. Once again, a
psychiatric illness does not invalidate a
contract, although the nature of the contract
and degree of judgement needed to
understand it are influencing factors.
20. Right to education:-
Many patient exercise the right to education
on behalf of their emotionally ill or mentally
retarded children. The U.S. Constitution
guarantees this right to everyone, although
many states have not provided adequate
education to all citizens in the past and are
now required to do so.
21. Right to Habeas Corpus:-
Habeas corpus is an important constitutional
right patients retain in all states even if they
have been involuntarily hospitalized. It
provides for the speedy release of any person
who claims to be detained illegally.
22. A committed patient may file a writ at any
time on the grounds of being sane and
eligible for release. The hearing takes place
in court, where those who wish to restrain
the patient must defend their actions.
Patients are discharged if they are judged to
be sane.
23. Right to privacy :-
The right to privacy implies the person’s right
to keep some personal information completely
secret or confidential. Confidentiality involves
the nondisclosure of specific information about
a person to someone else unless authorized by
that person.
24. Every psychiatric professional is responsible
is responsible for protecting a patient’s right
to confidentiality, including even the
knowledge that a person is in treatment or in
a hospital. Revealing such information might
result in damage to the patient. The
protection of the law applies to all patients.
25. Right to informed consent:-
The goal of informed consent is to help
patients make better decisions. Informed
consent means that a clinician must give the
patient a certain amount of information about
the proposed treatment and must attain the
patient’s consent, which must be informed
,competent and voluntary.
26. Information to be
Disclose in Obtaining
Informed Consent.
Diagnosis :Description of
the patient’s problem.
Treatment: Nature and
purpose of the proposed
treatment.
27. Consequences: Risks and benefits of the
proposed treatment including physical and
psychological effects, costs, and potential
resulting problems
Alternatives: Viable alternatives to the
proposed treatment and their risks and
benefits
Prognosis : Expected outcomes with
treatment, with alternative treatments, and
without treatment.
28. Right to treatment :-
Early court cases extended the right to
treatment to all mentally ill and mentally
retarded people who were involuntarily
hospitalized.
29. The courts defined three criteria for adequate
treatment
1.A humane psychological and the physical
environment.
2.A qualified staff with a sufficient number of
members to administer adequate treatment.
3. Individualized treatment plans.
30. Right to Refuse Treatment :-
The relationship between right to treatment
and right to refuse treatment is complex.
The right to refuse treatment includes the
right to refuse involuntary hospitalization. It
has been called the right to left alone
31. The involuntary therapy conflicts with two
basic legal rights: freedom of thought and
the right to control one’s life and actions as
long as they do not interfere with the rights
of others.
32. Right to Treatment in the Least Restrictive
Setting :-
The right to treatment in the least restrictive
setting is closely related to the right to
adequate treatment. Its goal is evaluating the
needs of each patient and maintaining the
greatest amount of personal freedom,
autonomy, dignity, and integrity in determining
treatment. This right applies to both hospital-
based and community programs.
33. Another consideration in the least
restrictive alternative is that it applies not
only to when a person should be
hospitalized but also to how a person is
cared for. It requires that a patient’s progress
be carefully monitored so that treatment
plans are changed based on the patient’s
current condition.
34. Legal aspects of mentally ill :
Civil commitment
Competence and informed consent to treatment
Confidentiality and the coordination of care
Right to treatment in the Hospital and
community
Recommnedations
35. The National League for Nursing (1977)
issued a statement on the nurse’s role
inpatient’s rights. The league urged nurses to
get involved in ensuring patient’s human
and legal rights.
• The league identified many of the
previously mentioned following rights :
36. Right to health care that is accessible and
meets professional standards , regardless
of the setting.
Right to courteous and individualized
health care that is equitable, human , and
given without discrimination based on
race, color, creed, sex, national origin,
source of payment, or ethical or political
beliefs.
Right to information about their diagnosis,
prognosis, and treatment , including
alternatives to care and risks involved.
37. Right to information about the
qualifications, names, and titles of
healthcare personnel.
Right to coordination and continuity of
health care.
Right to information on the charges for
services, including the rights to challenge
these charges.
38. Right to refuse observation by those not
directly involved in their care.
Above all, the right to be fully informed
about all their rights in all health care
settings.