Abstract

The incidence of problems involving rights is linked closely to social exclusion. We have shown previously that a part of this is that incidence is linked to long-term illness/disability. The prevalence of mental illness and associated public cost mean that potential links between rights problems and mental illness may be particularly pronounced. It has been suggested that early intervention can reduce these costs and, in recognition of the role of rights advice in addressing mental health, a recent United Kingdom government report committed to improve access to such advice for people with mental illness. Various initiatives have been implemented to link mental health and advice services to promote better health and justice outcomes. This study examines survey respondents' self-reports of mental illness, occurring both in isolation and combination with physical impairment, experience of a range of rights problems and thoughts on the causal links between the two. Data were drawn from two random national surveys: one of 2,628 adults in England and Wales (Civil and Social Justice Survey (CSJS)) and one of 7,200 respondents aged 15 or over in New Zealand (Survey of Unmet Legal Needs and Access to Justice (ULNAJ)). Having controlled for a range of other social and demographic predictors, we found a significant and substantial association between rights problems and mental illness. In percentage terms, incidence of rights problems was observed to be particularly high for younger respondents who reported both mental and physical impairment. In relation to discrete problems, we found significant associations between 8 of 14 CSJS problem types and mental illness alone, 13 types and mental and physical impairment in combination, and 4 types and physical impairment alone. In the case of New Zealand, links were observed between 7 of 9 problem types and mental illness alone and 5 types and physical impairment alone. All types of problems were reported to have led, on occasion, to stress related illness. This was particularly so for family, employment and homelessness related problems. Ill health was far less often suggested to be the main cause of rights problems. We highlight the contribution that legal services may make to addressing mental health. We argue that effective co-ordination of mental health and legal services is likely to improve both health and justice outcomes.

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