Everyone has certain basic human rights and responsibilities. It is essential that people who have a mental illness/mental health problems are able to exercise those rights and responsibilities. The diagnosis of 'mental illness' is not an excuse for limiting their rights and responsibilities. This section looks at the rights of people with a mental health illness, the principles for the sector and some of the government legislation that you need to follow when providing assessment, social and emotional support for people with a mental health illness. If you already know about the values and principles underpinning the mental health sector, you can just jump straight in and do the activity. It’s up to you. | ||
Rights and responsibilities
Individuals seeking mental health care and protection when suffering mental health problems or mental disorders have the right to:
- respect for their individual human worth, dignity and privacy
- be treated equally with other citizens to health care, income maintenance, education, employment, housing, transport, legal services, equitable health and other insurance and leisure appropriate to one's age
- appropriate and comprehensive information, education and training about their mental health problem or mental disorder, its treatment and services available to meet their needs
- timely and high quality treatment
- interact with health care providers, particularly in decision making regarding treatment, care and rehabilitation
- have complaints about treatment or services heard and addressed
- refuse treatment (unless subject to mental health legislation)
- receive advocacy
- access to relatives and friends
- have their cultural background and gender taken into consideration in the provision of mental health services
- contribute and participate as far as possible in the development of mental health policy, provision of mental health care and representation of mental health consumer interests
- live, work and participate in the community to the full extent of their capabilities without negative discrimination.
All members of Australian society have responsibilities in relation to health care. Specifically, mental health consumers have a responsibility to:
- respect the human worth and dignity of other people
- participate as far as possible in reasonable treatment and rehabilitation processes.
Australian Government
In 1991, the Commonwealth Government released a Mental Health Statement of Rights and Responsibilities, covering consumers, carers and advocates, service providers and the community.
The document looks at prevention of mental health problems, assessment, treatment and rehabilitation and the expected standards of mental health care. For a list of Australian Government mental health publications, click here.
Australian Human Rights Commission
In 1993, the Report of the National Inquiry into the Human Rights of People with Mental Illness was released in Australia. The inquiry found that people with a mental illness and psychiatric disability:
- experience widespread systemic discrimination and are consistently denied the rights and services to which they are entitled
- are still subject to ignorance and discrimination by the community.
The Inquiry also found that individuals with special needs (children, Aboriginal and Torres Strait Islanders, people from non-English speaking backgrounds, people in rural and isolated areas, prisoners) experience seriously inadequate specialist services. Access this report and other papers and speeches at the Australian Human Rights Commission.
State Governments
Mental health rights are also contained in the various State Government Mental Health Acts. Queensland released the latest Act in 2000 and it commenced on 28 February 2002. The Act contains provisions for assessment, treatment, independent reviews and patient rights. Go to the Queensland Mental Health Act to find out more.
State anti-discrimination legislation also protects the rights of people with a mental illness, including the right to information. Anti-discrimination information can be found at The Anti-Discrimination Commission Queensland.
Access and equity
Equity relates to fairness. It recognises that some people are more disadvantaged than others in being able to access services and facilities and therefore there is a responsibility to address this lack of equity.
Access is the capacity people have to physically enter a building or space and also to use a facility or service.
Many people with a disability do not have the same access to places and services as other people because their needs in areas such as mobility and communication have not been met. Access and equity are concepts against which all services should be measured. They are principles to measure how decisions are made about:
- who is eligible for a service
- how resources are allocated
- how the needs of people from diverse backgrounds are met.
Barriers to access are often encountered in the following areas:
- transport (eg no lifts at train station, limited availability of modified taxis)
- building design (eg no ramps and rails at entrance and exit, doors too narrow, bathrooms not modified)
- use of services (eg reception counters too high, information not available in a range of languages)
- communication (eg staff not trained in using alternative communication systems)
- culture (eg not meeting religious or cultural dietary requirements)
- equipment (eg service not meeting equipment needs such as lifting devices)
- staff and community attitudes (eg refusing a service based on a person's appearance or medical status).
Visit Disability Discrimination Act 1992 to find out more.