Abstract
New British legislation' allows for extra restrictions to be placed on the liberty of certain psychiatric patients discharged into the community. At the same time there continue to be repeated calls for more radical curbs on the liberties of psychiatric patients and ex-patients.2 It may, then, be timely to consider what rights should generally be attributed to people who suffer from mental disorders. This paper contends that human rights exist, that the paramount human right is the right of each individual to the maximum 'positive freedom', and that as a logical corollary mental health law should be of a liberal cast, requiring strong grounds and evidence before the liberty of a patient is removed or restricted.
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