The United Nations principles for the protection of people with mental illness: Applications and limitations

Abstract

People detained as involuntary patients in psychiatric hospitals often live in a harrowing and different reality: beset by alien voices, frightening visions and wild swings in mood. In the past however, their tragedy was often compounded by the unnecessary deprivation of their dignity and freedom. Recognising this, governments here and in other parts of the western world enacted new ‘rights’ related legislation during the 1980s. This legislation was a significant advance. It secured the legal rights of patients in hospital. But, unfortunately, it appears that it has done little to enhance their social and material needs either in hospital or the wider community. In these respects, their tragedy remains constant and needs urgently to be addressed.

In this article, I will survey the legal reforms with a particular focus on the interaction between the United Nations Principles for the Protection of Persons with Mental Illness and Victoria's Mental Health Act 1986. I will then explore some limits to the legal regime prior to suggesting new directions for change.