HUMAN RIGHTS OF

MENTALLY ILL HARIOM GANGWAR MSC NURSING 1yr PSYCHIATRY NSG

INTRODUCTION All persons with a mental illness, or who are being treated as such persons, shall be treated with humanity and respect for the inherent dignity of the human person...There shall be no discrimination on the grounds of mental illness..."

CONT.. All Human rights organizations set forth

codes by which they align their purposes and activities . The mental health declaration of human rights articulates the guiding pricples of CCHR (citizen communication of human rights ) and the standard aginst which human rights violations by psychaitry are relentlessly investigated and exposed .

MENTAL HEALTH:- Mental health is a state of well-being in

which the individual realizes his or her own abilities, can cope with the normal stresses of life, can work productively and fruitfully and is able to make a contribution to his or her community

MENTAL ILLNESS:- Mental illness is a recognized, medically

diagnosable illness that results in the significant impairment of an individual’s cognitive, affective or relational abilities. Mental disorders result from biological, developmental and/or psychosocial factors and can be managed using approaches comparable to those applied to physical disease (i.e., prevention, diagnosis, treatment and rehabilitation)

HUMAN RIGHTS :- The simplest way defining human rights is that

they are about balancing the inalienable rights of all of us as human being within the community regardless defferences in birth ,social origin,gender ,physcial defferences ,faith and belief ,ideology ,nationality and so on.

THE PSYCHIATRIC PATIENTS CURRENTLY HAVE THE FOLLOWING RIGHTS:-

Right to communicate with people outside the hospital throughcorrespondence, telephone, and personal visits.

Right to wear clothing and personal effects with them in the hospital

Right to religious freedom Right to be employed if possible Right to manage and dispose of property Right to execute bills Right to enter into contractual relationships Right to proper diet and nutrition

CONT.. Right to education Right to habeas corpus Right to independent psychiatric examination Right to civil service status Right to retain licences, privileges, or permits established by law,

such asa driver’s or professional licence Right to sue or be sued Right to marry and divorce Right to make purchase Right to hygienic condition

CONT.. Right not to be subject to unnecessary mechanical restraints Right to periodic review of status Right to legal representation Right to privacy Right to informed consent Right to treatment Right to refuse treatment Right to treatment in the least restrictive setting

CONT...Some of these rights deserve a more thorough discussion :- Right to Communicate With People Outside the Hospital : This right allows patient to visit and hold telephone conversations

in privacy and send unopened letters to anyone of their choice, including judges, lawyers, families, and staff. Although the patient has the right to communicate in anuncensored manner, the staff may limit access to the telephone or visitors when it could harm the patient or be a source of harassment for the staff. The hospital also can limit the times when telephone calls are made and received and when visitors can enter the facility.

CONT... Right to Keep Personal Effects:- The patient may bring clothing and personal items to the

hospital, taking into consideration the amount of storage space available. The hospital is not responsible for their safety, and valuable items should be left at home. If the patient brings something of value to the hospital, the staff should place it in the hospital safe or otherwise provide for maintaining a safe environment and should take dangerous objects away from the patient if necessary.

CONT... Right To Enter Into Contractual Relationships:- The court considers contracts valid if the person understands

the circumstances of the contract and its consequences. Once again, a psychiatric illness does not invalidate a contract, although the nature of the contract and degree of judgement needed to understand it are influencing factors.

CONT... Right to education:- Many patient exercise the right to education on behalf of

their emotionally ill or mentally retarded children. The U.S. Constitution guarantees this right to everyone, although many states have not provided adequate education to all citizens in the past and are now required to do so.

CONT...

Right to Habeas Corpus:- Habeas corpus is an important constitutional right patients

retain in all states even if they have been involuntarily hospitalized. It provides for the speedy release of any person who claims to be detained illegally. A committed patient may file a writ at any time on the grounds of being sane and eligible for release. The hearing takes place in court, where those who wish to restrain the patient must defend their actions. Patients are discharged if they are judged to be sane.

CONT... Right to privacy :- The right to privacy implies the person’s right to keep some

personal information completely secret or confidential. Confidentiality involves the nondisclosure of specific information about a person to someone else unless authorized by that person. Every psychiatric professional is responsible is responsible for protecting a patient’s right to confidentiality, including even the knowledge that a person is in treatment or in a hospital. Revealing such information might result in damage to the patient. The protection of the law applies to all patients.

CONT... Right to informed consent:- The goal of informed consent is to help patients make better

decisions. Informed consent means that a clinician must give the patient a certain amount of information about the proposed treatment and must attain the patient’s consent, which must be informed ,competent and voluntary.

Information to be Disclose in Obtaining Informed Consent Diagnosis : Description of the patient’s problem Treatment: Nature and purpose of the proposed treatment

CONT...

Consequences: Risks and benefits of the proposed treatment including physical and psychological effects, costs, and potential resulting problems

Alternatives: Viable alternatives to the proposed treatment and their risks and benefits

Prognosis : Expected outcomes with treatment, with alternative treatments, and without treatment.

Right to treatment :- Early court cases extended the right to treatment to all mentally ill and

mentally retarded people who were involuntarily hospitalized.  The courts defined three criteria for adequate treatment :

CONT...

1. A humane psychological and the physical environment2. A qualified staff with a sufficient number of members to

administer adequate treatment3. Individualized treatment plans Right to Refuse Treatment :- The relationship between right to treatment and right to refuse

treatment is complex. The right to refuse treatment includes the right to refuse involuntary hospitalization. It has been called the right to left alone . The involuntary therapy conflicts with two basic legal rights: freedom of thought and the right to control one’s life and actions as long as they do not interfere with the rights of others.

CONT...

Right to Treatment in the Least Restrictive Setting :- The right to treatment in the least restrictive setting is closely

related to the right to adequate treatment. Its goal is evaluating the needs of each patient and maintaining the greatest amount of personal freedom, autonomy, dignity, and integrity in determining treatment. This right applies to both hospital-based and community programs. Another consideration in the least restrictive alternative is that it applies not only to when a person should be hospitalized but also to how a person is cared for. It requires that a patient’s progress be carefully monitored so that treatment plans are changed based on the patient’s current condition.

LEGAL ASPECTS:- Legal aspects of mentally ill : Civil commitment Competence and informed consent to treatment Confidentiality and the coordination of care Right to treatment in the Hospital and community Recommnedations

ROLE OF NURSE IN PATIENT’S RIGHTS: The National League for Nursing (1977) issued a statement on the nurse’s

role inpatient’s rights. The league urged nurses to get involved in ensuring patient’s human and legal rights .

The league identified many of the previously mentioned following rights : Right to health care that is accessible and meets professional standards ,

regardless of the setting Right to courteous and individualized health care that is equitable, human ,

and given without discrimination based on race, colour, creed, sex, national origin, source of payment, or ethical or political beliefs

Right to information about their diagnosis, prognosis, and treatment , including alternatives to care and risks involved

CONT... Right to information about the qualifications, names, and

titles of healthcare personnel Right to refuse observation by those

not directly involved in their care Right to coordination and continuity of health care Right to information on the charges for services, including

the rights to challenge these charges Above all, the right to be fully informed about all their

rights in all health care settings.

THANK YOU