A long overdue pleasure.

Abstract

After a protracted 27-year process of formulation, revision and re-revision by numerous psychiatrists, jurists, government administrators and legislators, the Mental Health Law of the People's Republic of China was finally passed by the Standing Committee of the National People's Congress on 26 October 2012 and will be implemented on May 1, 2013. This is exciting news for persons with mental disorders, for their caregivers and clinicians, for the nation as a whole, and for foreign friends who are interested in this issue. The very first article of the law – which sets the tone for what follows – states that the intent of the law is ‘to develop the field of mental health, to standardize mental health services, and to guarantee the legal rights and interests of persons with mental disorders’. Overall, this law complies with the principles articulated by the United Nations and other international bodies regarding the protection of the human rights of individuals with mental disorders. Compared to the situation in high-income countries, China still has a long way to go to improve and standardize the provision of mental health services and to reduce the discrimination experienced by individuals with mental disorders. But this new national law has taken a big step forward. The law confirms the rights of persons with mental disorders to participate in treatment decisions, to informed consent for treatment, to privacy, to education and to work. Moreover, in order to prevent the ‘abuse of psychiatry’, the law categorically prohibits use of involuntary treatment as a means of punishment. Once the law is implemented, continuing efforts will be needed to develop accessible, community-based mental health services and rehabilitation facilities, so that individuals with mental disorders can enjoy convenient mental health services in a comfortable environment. To ensure that all persons with mental health problems – particularly individuals with severe mental disorders who have financial difficulties – have access to mental health services, the government and relevant administrative departments need to increase their efforts to expand the availability of free treatment for mental disorders. To increase the early identification and treatment of mental illnesses, physicians in general hospitals and other primary care settings need to receive training in the diagnosis and management of common mental disorders. Improving community mental health literacy and eliminating stigma and discrimination of persons with mental disorders are important long-term objectives of the Law. Despite the difficulties involved in changing community attitudes, implementation of the Law over the coming years, in parallel with continued improvements in the national economy, should substantially improve the protections of the legal rights and interests of persons with mental disorders.