Optimising Patient Care in Psychiatry With Sound Mental Health Legislation

Mental health law forms a vital component of mental healthcare. Different jurisdictions have different approaches to the extent and nature of legislation in this area. In some jurisdictions, such as Ireland, mental health legislation focuses on areas of traditional concern in mental health law, chiefly treatment without consent and ensuring standards in mental health facilities. In other jurisdictions, such as India, mental health legislation addresses these areas but also seeks to ensure equitable access to services, enhanced social care for the mentally ill, support for families and the protection and promotion of a broad range of rights. The World Health Organisation and United Nations provide strong support for this more expansive vision of the role of law in protecting the right to health. It is important, however, that the approach in each jurisdiction take account of the different histories, traditions and pre-existing structures in each country, as well as the specific needs of their populations. Ultimately, optimising patient care and protecting rights are the twin goals of all mental health legislation, which needs to form an embedded part of health and social services in each individual country if it is to achieve its goals. One size does not fit all.