Op-Ed Contributors

Debate: Mentally ill patients

(China Daily)
Updated: 2010-05-04 07:58

A series of tragedies involving suspects who allegedly suffer from mental disorders took place over the past few weeks. How should China define "mentally ill patients" and protect the patients' rights and safety of others? Three experts give their suggestions.

Dong Wenyong: Legalize the rights of mentally disabled

In a modern society where rule of law prevails, human and legal rights are two strong forces that protect the interests of the mentally challenged.

To legalize the protection of rights and interests of the mentally challenged, the authorities have to first pass a legislation to make the rights legal. Second, these rights and interests should form the core in building a sound system of law-based exercise and protection. And third, the law should get priority when it comes to implementation and legislation.

How to set up an effective protection system for people with psychiatric problems is an urgent issue, which may affect social stability. Though China has established a legal protection framework for the mentally challenged, things can be improved further.

Chinese law includes the protection of mentally challenged people. But it still doesn't give special consideration to or have enacted rules on their special rights and interests. And existing laws and regulations are too broad and scattered to set up a sound system for the mentally challenged. Moreover, local authorities across the country rarely show respect to and care for the rights of the mentally challenged, who might have caused some problems, while drawing up regulations. No wonder, regulations are still tilted in favor of government management and, instead of caring for the mentally challenged, try to create situations in which the mentally challenged cannot cause trouble.

China still does not have a basic law on rights protection for the mentally challenged. Some regulations passed by local governments, such as the ones to forcibly admit mentally challenged people to hospital and denying them personal freedom, do not conform to higher laws.

The government should enact a basic mental health law as soon as possible to better protect healthy people and establish a framework of prevention and medical treatment for those who suffer from mental problems. Based on this law, a whole set of mental health promotion and mental disease prevention systems should be established so that the intellectually challenged can get immediate psychiatric and medical help.

The rights and interests of the mentally challenged, like their willingness to accept a certain type of treatment, should be protected even when they are undergoing medical and psychiatric treatment. Or, the authorities should get such permission from a relative of the patient instead of forcing them into undergoing a certain type of treatment.

Such legislation will help protect the rights and freedom of the mentally challenged, as well as the rest of the members of society.

Their rights to education, employment and social security should be taken into account under law protection. Laws and regulations such as non-discrimination in employment may help ensure equality between the mentally challenged and the other members of society. This can reduce extreme behavior leading to suicides and revenge.

The author is a professor of the Institute of Law, Chinese Academy of Social Sciences. The article first appeared in China Social Sciences Today.