Beijing finished drafting its first ever set of rules on mental
health earlier this month. The rules are expected to come into
effect soon, after being modified according to comments from the
public.
That is great news for victims of mental illness and their
families.
Such rules are definitely needed to protect the rights of these
patients, who are often seen as pariahs and made subjects of
discrimination and abuse.
The move is laudable, as it extends humanitarian care to a group
of unfortunate, disadvantaged people.
However, so far, only Shanghai and a few other east China cities
have promulgated similar local rules.
But these cities are not the only places where patients
suffering mental illness are mistreated.
In light of this, a national law for the same purpose is highly
advisable. Under such a law, provinces and cities could enact
detailed rules according to different local conditions.
The existing laws and regulations that govern general medical
issues are not sufficient to protect the rights of those plagued by
mental disorders. Psychiatric patients are special because their
illnesses can, in extreme cases, leave them unaware of their
unhealthy conditions. This, in turn, can excuse other people's
over-reaction towards those who were diagnosed or even suspected to
be mentally unhealthy.
The public's awareness of mental health has improved in recent
years. In big cities, a growing number of people have learned to
seek professional assistance to deal with mental disorders.
However, the rights of people suffering from such problems are
far from being properly honored.
It is not uncommon for people with slight psychiatric problems
to be ill-treated at work, bullied at school, or even refused
employment and education opportunities in the first place.
Some mentally unhealthy people are actually able to make
decisions by themselves and should be given the right to do so. But
there have been cases in which these people were treated as the
most serious patients and sent to psychiatric institutions by force
for compulsory treatment.
Within the psychiatric profession, not everything is
satisfactory. Patients' privacy is not safeguarded well. Many
practitioners do not have the necessary qualifications.
A law passed by the national legislature can at least legalize
the rights of patients with different degrees of mental illness.
Such a law can also help raise public awareness about mental health
in a society where ignorance and misconceptions about this topic
still abound.
The local rules should contain stipulations that address
specific needs and be supported by available resources in their
areas.
In addition to clauses about psychiatric patients' rights, for
example, Beijing's rules also have specific requirements for
psychiatric intervention during and after emergencies such as
natural disasters which often cause psychological trauma to many
and requirements for qualifications for practicing in the
profession. These are all commendable stipulations that are in line
with Beijing's conditions.
(China Daily August 18, 2006)