human rights and legislation who resource book on mental health

Chapter 3
Process: drafting, adopting
Context of mental health <strong>legislation</strong>
<strong>and</strong> implementing mental health <strong>legislation</strong>
1. Introduction
This chapter covers the legislative process, starting from the drafting of mental health <strong>legislation</strong>
to its effective implementation. The discussion focuses on the “how to” of mental health
<strong>legislation</strong> relative to the “why” of Chapter 1 <strong>and</strong> the “what” (or content) of Chapter 2. It outlines
the preliminary steps that may be taken by countries before embarking on the drafting process,
as well as the steps for drafting, adopting <strong>and</strong> implementing mental health <strong>legislation</strong>. This
chapter also provides country examples highlighting possible difficulties in – <strong>and</strong> solutions to –
the process aspects of mental health <strong>legislation</strong>.
As with legislative content, the legislative process will depend on local norms <strong>and</strong> customs in
countries for the drafting, adoption <strong>and</strong> implementation of <strong>legislation</strong>. Important practices are
outlined <strong>and</strong> discussed here, but it should be pointed out that these are only guiding principles;
each country will follow its own established legal processes <strong>and</strong> procedures.
Figure 2 outlines four stages that most countries will undertake in enacting <strong>legislation</strong>: preliminary
steps, drafting <strong>legislation</strong>, adopting <strong>legislation</strong> <strong>and</strong> implementing <strong>legislation</strong>. This chapter
discusses these steps.
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