NCJ Number
172113
Journal
Journal of Law and Society Volume: 24 Issue: 2 Dated: (June 1997) Pages: 235-251
Date Published
1997
Length
17 pages
Annotation
This is a strong defense of the rights of psychiatric patients.
Abstract
Recent British legislation allows for extra restrictions on the liberty of certain psychiatric patients discharged into the community. At the same time, calls continue for more radical curbs on the liberties of psychiatric patients and ex-patients. This article contends that the paramount human right is the right of each individual to the maximum "positive freedom" and that, as a corollary, mental health law should be of a liberal cast, requiring strong grounds and evidence before the liberty of a patient is removed or restricted. The article reviews objections to a liberal mental health law, objections based on the view that professional personnel should have very wide discretionary powers to impose compulsory interventions on those they deem mentally disordered. In addition, the article summarizes the Mental Health Act 1983 and the Mental Health (Patients in the Community) Act 1995. Some of the new provisions seem designed to place as much pressure on discharged patients to accept medication that they do not really want as is possible without falling directly afoul of the European Convention on Human Rights. The article claims this is an intrusion into negative freedom on the basis of uncertain potential benefits. Notes, references