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Mental health law is that area of law that deals with mental conditions. This includes areas in both common law and statute law.
Common law, which is based on case law rather than statutes, issues include such concepts as mens rea, insanity defences, sane and insane automatism amongst others.
Statute law usually takes the form of a Mental health act or equivalent. An example is the Mental Health Act 1983 in England and Wales. These acts codify aspects of the treatment of mental illness and provides rules and procedures to be followed and penalties for breaches. Mental health acts are largely used in the management of psychosis where a person has lost the ability to test reality. They may also be used for other conditions including personality disorders. The laws generally allow for compulsory treatment in a psychiatric hospital or in the community.
In some jurisdictions court orders are required for compulsory treatment while in others treating psychiatrists may treat compulsorily by following set procedures. In the latter case there are usually methods of appeal or regular scrutiny to ensure compliance with the law.
Not all countries have mental health acts. The world health report (2001) lists the following percentages by region for countries in those regions with and without mental health legislation.[1]
| Regions | With legislation | No legislation |
|---|---|---|
| Africa | 59% | 41% |
| The Americas | 73% | 27% |
| Eastern Mediterranean | 59% | 41% |
| Europe | 96% | 4% |
| South-East Asia | 67% | 33% |
| Western Pacific | 72% | 28% |
Notes[]
- ^ Presence of mental health policies and legislation, The World Health Report 2001, chap. 4, fig. 4.1 (accessed June 8, 2005).
See also[]
- Category:Mental health law – for specific articles in this area
External links[]
- Bazelon Center for Mental Health Law
- The Mental Health (Care and Treatment) (Scotland) Act 2003 Office of Public Sector Information website
- Mental Capacity Act 2005 (England, Wales)
Mental health law in the United Kingdom | |
|---|---|
| 18th century |
Madhouses Act 1774 |
| 19th century |
Criminal Lunatics Act 1800 · County Asylums Act 1808 · Marriage of Lunatics Act 1811 · Scottish Madhouses Act 1815 · Criminal Lunatics Amendment Act 1815 · Irish Lunatic Asylums for the Poor Act 1817 · Pauper Lunatics Act 1819 · County Asylums Act 1828 · Madhouses Act 1828 · Chancery Lunatics Property Act 1828 · Madhouses Act 1832 · County Asylums Act 1845 · Lunacy Act 1845 · Idiots Act 1886 · Lunacy (Vacating of Seats) Act 1886 |
| 20th century |
Mental Treatment Act 1930 · Mental Health Act 1959 · Mental Health Act 1983 |
| 21st century | |
| Public bodies |
Lunacy Commission · Board of Control for Lunacy and Mental Deficiency · Mental Health Review Tribunal (England and Wales) |
| Other |
Diminished responsibility in English law · Fixated Threat Assessment Centre · UK Mental health acts |
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