human rights and legislation who resource book on mental health

More documents

Recommendations

Info

Restraint & Seclusion: If conditions are such that you are restrained or placed in seclusion, you must be treated in a <strong>human</strong>e <strong>and</strong> dignified manner. The use of involuntary seclusion or mechanical restraints is allowed only when there is an imminent danger to yourself or others. Documentation of reasons for these interventions must be placed in your clinical records within 24 hours. Medications cannot be used as a substitute for a more appropriate treatment. (See CGS 17a-544) Remedies of Aggrieved Persons: If you have been aggrieved by a violation of sections 17a-540 to 17a-549 you may petition the Superior Court within <strong>who</strong>se jurisdiction you reside for appropriate relief. (See CGS 17a-550) Disclosure of Your Rights: A copy of your <strong>rights</strong> shall be prominently posted in each ward where mental health services are provided. (See CGS 17a-548) Medication, Treatment, Informed Consent & Surgical Procedures: You, your advocate or counsel, can find out more about what procedures apply by reviewing the appropriate statutes (see CGS 17a-543a-j). If you have been hospitalized under any sections of 17a-540 to 550, you shall receive a physical examination within 5 days of admission <strong>and</strong> at least once every year thereafter. Reports of such exams must be entered into your clinical record. (See CGS 17a-545). No medical or surgical procedures, no psychosurgery or shock therapy shall be administered to any patient without such patient’s written informed consent, except as provided by statute.* A facility may establish a procedure that governs involuntary medication treatments but any such decision shall be made by someone not employed by the treating facility <strong>and</strong> not until the patient’s advocate has had reasonable opportunity to discuss such with the facility.* If a facility had determined to administer involuntary medication pursuant to statute, the patient may petition the Probate Court to hold a hearing to decide whether to allow this intervention. Notwithst<strong>and</strong>ing the provisions of this section (17a-540 to 550) if obtaining consent would cause a medically harmful delay, emergency treatment may be provided without consent. (See CGS 17a-543a-f) Denial of Employment, Housing, Etceteras: You cannot be denied employment, housing, civil service rank any license or permit (including a professional license) or any other civil or legal right, solely because of a present or past history of a mental disorder, unless otherwise provided.* (See CGS 17a-549) Filing of Grievances: Recipients of DMHAS facilities or programs have the right to file a grievance if any staff or facility has: 1) violated a right provided by statute, regulation or policy; 2) if you have been treated in an arbitrary or unreasonable manner; 3) denied services authorized by a treatment plan due to negligence, discrimination ...or other improper reasons; 4) engaged in coercion to improperly limit your treatment choices; 5) unreasonably failed to intervene when your <strong>rights</strong> have been jeopardized in a setting controlled by the facility or DMHAS; or 6) failed to treat you in a <strong>human</strong>e or dignified manner. (See CGS 17a-451-t[1-6]) Other Rights may be guaranteed by state or federal statute, regulation or policies which have not been identified in this list. You are encouraged to seek counsel to learn of or to better underst<strong>and</strong> these laws <strong>and</strong> policies. Many of the <strong>rights</strong> of service recipients in facilities in Connecticut are specified in sections 17a-540 through 17a-550 of the Connecticut General Statutes. There may also be other <strong>rights</strong> provided by other state <strong>and</strong> federal statutes as well as by case law, but the ones identified in 17a-540 through 17a-550 are specifically protected <strong>and</strong> must be adhered to by inpatient or outpatient facilities in Connecticut. These statutes apply to both voluntary <strong>and</strong> involuntary service recipients, unless otherwise provided. In general, both public <strong>and</strong> private facilities are prohibited from depriving you of any of your personal, property or civil <strong>rights</strong>. These include the right to vote, to hold or convey property <strong>and</strong> contract, except in accordance with due process of law <strong>and</strong> unless you have been declared incapable pursuant to sections 45a-644 to 45a-662. Any finding of incapability should specifically state which civil or personal <strong>rights</strong> you are incapable of exercising. For more information about your <strong>rights</strong> as a recipient of substance abuse or mental health services in Connecticut, contact 1-800-446-7348. *There may be exceptions <strong>and</strong> limitations to some <strong>rights</strong>. Your <strong>rights</strong> are detailed in the Connecticut General Statutes, sections 17a-450 et seq.; 17a-540 et seq.; 17a-680 et seq.; 52-146d-j; 54-56d; in Federal regulation 42 CFR part 2, the Rehabilitation Act, the Americans with Disabilities Act; in the Patients’ Self-Determination Act, in Section 1983 <strong>and</strong> in other parts of state <strong>and</strong> federal law. (http://www.dmhas.state.ct.us/documents/pt<strong>rights</strong>.pdf) 170
Annex 7. Example: Rights of Recipients of Mental Health Services, State of Maine Department of Behavioral <strong>and</strong> Developmental Services, USA Extract of Table of contents <strong>and</strong> Rights of Recipients Summary Table of Contents Non-Discrimination Notice Basis Statement Introduction A. RULES OF GENERAL APPLICABILITY I. Statement of Intent II. Definitions III. Basic Rights IV. Least Restrictive Appropriate Treatment V. Notification of Rights VI. Assistance in the Protection of Rights VII. Right to Due Process with regard to Grievances VIII. Complaints IX. Confidentiality <strong>and</strong> Access to Records X. Fair Compensation for Work XI. Protection During Experimentation <strong>and</strong> Research B. RIGHTS IN INPATIENT AND RESIDENTIAL SETTINGS I. Statement of Intent II. Privacy <strong>and</strong> Humane Treatment Environment III. Individualized Treatment <strong>and</strong> Discharge Plan IV. Individualized Treatment or Service Plan in Residential Settings in Residential Settings V. Informed Consent to Treatment VI. Basic Rights VII. Freedom From Unnecessary Seclusion <strong>and</strong> Restraint in Residential Settings C. RIGHTS IN OUTPATIENT SETTINGS I. Statement of Intent II. Individualized Support Planning Process III. Individualized Treatment or Service Plan IV. Informed Consent to Treatment Summary in English, French, Russian, Serbo-Croatian, Somali, Spanish, Vietnamese 171
Page 1:
WHO RESOURCE BOOK ON MENTAL HEALTH,
Page 4 and 5:
All rights reserve
Page 6 and 7:
Technical contribution and<
Page 8 and 9:
Nacanieli Goneyali Maria Grazia Gia
Page 10 and 11:
Leen Meulenbergs Harry I. Minas Alb
Page 12 and 13:
Harvey Whiteford Ray G. Xerri XIE B
Page 14 and 15:
5. Rights of users of mental health
Page 16 and 17:
4.1.3 Sanction, promulgation <stron
Page 18 and 19:
For whom is this R
Page 20 and 21:
This chapter covers five main areas
Page 22 and 23:
3.2 Violations of human</st
Page 24 and 25:
3.5 Promoting access to mental heal
Page 26 and 27:
health legislation
Page 28 and 29:
The right to health, as embodied in
Page 30 and 31:
trade, torture and
Page 32 and 33:
The MI Principles have also served
Page 34 and 35:
8.4 The Salamanca Statement <strong
Page 37 and 38:
Chapter 2 Content of mental health
Page 39 and 40:
persons with mental disorders. The
Page 41 and 42:
Mental disability is not synonymous
Page 43 and 44:
Mental Disability Mental Incapacity
Page 45 and 46:
Definition of “mental ill health
Page 47 and 48:
Example: Mental health in primary c
Page 49 and 50:
Another means of promoting communit
Page 51 and 52:
MI Principles: Access to informatio
Page 53 and 54:
Legislation (or accompanying regula
Page 55 and 56:
Rights of users of mental health se
Page 57 and 58:
mentally ill offender. Countries ma
Page 59 and 60:
7.3 Determining incapacity
Page 61 and 62:
• The presence of a major mental
Page 63 and 64:
The concept of “voluntary” prec
Page 65 and 66:
The key issue for mental health <st
Page 67 and 68:
“separate” process from admissi
Page 69 and 70:
In some cases, certain families bel
Page 71 and 72:
as an inpatient or outpatient. This
Page 73 and 74:
Example: Successful appeal of an ad
Page 75 and 76:
8.3.7 Involuntary treatment in comm
Page 77 and 78:
Figure 1. Procedure for combined in
Page 79 and 80:
Emergency situations: Key issues
Page 81 and 82:
10.1 Major medical and</str
Page 83 and 84:
MI Principles: Seclusion an
Page 85 and 86:
The MI Principles and</stro
Page 87 and 88:
Authorize or prohibit intrusive <st
Page 89 and 90:
• confidentiality • independent
Page 91 and 92:
14.2 Responding to calls for assist
Page 93 and 94:
15. Legislative provisions relating
Page 95 and 96:
For minor offences, the court could
Page 97 and 98:
15.4 The post-sentencing (serving s
Page 99 and 100:
16. Additional substantive provisio
Page 101 and 102:
• Right to work and</stro
Page 103 and 104:
In countries where women are detain
Page 105:
Kenya The Mental Health Act (Act No
Page 108 and 109:
Figure 2. Process of mental health
Page 110 and 111:
) Qualitative information from focu
Page 112 and 113:
When examining another country’s
Page 114 and 115:
• The process of building a conse
Page 116 and 117:
Consultation should be undertaken w
Page 118 and 119:
Written submissions have the advant
Page 120 and 121:
The group, body or individual(s) m<
Page 122 and 123:
4.1.2 Debate of draft legis
Page 124 and 125:
mental health facts and</st
Page 126 and 127:
Example: The National Commission ta
Page 128 and 129:
5.2.4 Developing information <stron
Page 130 and 131:
Human resource iss
Page 132 and 133:
Rosenthal E, Sundram C (2002). Inte
Page 134 and 135:
Declaration of Hawaii (1983). Appro
Page 136 and 137:
Bibliography Araya R et al. (2001).
Page 138 and 139: Introduction and h
Page 140 and 141: 2) Does the legislation</st
Page 142 and 143: C. Access to mental health care 1)
Page 144 and 145: 3) Does the legislation</st
Page 146 and 147: E. Rights of families or other care
Page 148 and 149: G. Voluntary admission and<
Page 150 and 151: ) there is serious likelihood of ha
Page 152 and 153: • Patient lacks the capacity to m
Page 154 and 155: 2) Are all the criteria and
Page 156 and 157: O. Special treatments 1) Does the l
Page 158 and 159: 3) Does the law specify a restricte
Page 160 and 161: R. Oversight and r
Page 162 and 163: 3) (iv) Maintain registers of accre
Page 164 and 165: • the right of patients a
Page 166 and 167: 3) Does the law allow for people <s
Page 168 and 169: 2) Does the law provide for “reas
Page 170 and 171: 3) Does the law ensure that all min
Page 172 and 173: AZ. Offences and p
Page 174 and 175: • Inter-American Convention on th
Page 176 and 177: Civil and Politica
Page 178 and 179: 5. A patient shall never be invited
Page 180 and 181: Principle 15 Admission principles 1
Page 182 and 183: Principle 20 Criminal offenders 1.
Page 184 and 185: Annex 5. Extract from the Declarati
Page 186 and 187: 5. Organ Transplantation: The role
Page 190 and 191: Rights of Recipients Summary in Eng
Page 192 and 193: PART C TAKING PERSON TO APPROVED ME
Page 194 and 195: I base my opinion on the following
Page 196 and 197: Annex 9. Example: New Zeala
Page 198 and 199: Who can make an advance directive?
show all

human rights and legislation who resource book on mental health

Create successful ePaper yourself

Delete template?

Save as template?