Modern mental health laws try to shift focus from pure control to rights and recovery. They recognise that people with mental illness are still rights-bearing individuals, not just “cases” to be managed.
Key rights typically include:
- Right to be treated with dignity and without cruel or degrading practices,
- Right to information about diagnosis and treatment options in understandable language,
- Right to consent to treatment where the person has capacity,
- Safeguards for involuntary admission, including periodic review by independent authorities,
- Right to confidentiality of mental health records, with limited exceptions.
Families and caregivers also have roles, but they cannot simply “lock away” someone because of social embarrassment. Hospitals must follow legal procedures before admitting someone forcibly and provide access to review or appeal mechanisms.
Discharge planning – including medication, follow-up, supported housing or community services – is as important as admission. Law increasingly recognises that long-term institutionalisation is not the default solution.
If rights are violated – for example, physical abuse in facilities, illegal detention, or breach of confidentiality – complaints can be made to mental health review boards, human rights bodies, or courts.
