Abstract

This qualitative study identified the perception of administrators and managers of the interrelation between mental disability and mental illness. It investigated experiences in which these differences facilitated or impaired the exercise of fundamental rights by persons with mental illness in a city in the state of Sao Paulo, Brazil. From this perspective, it is important to discuss the exercise of human rights in mental health. It is a key issue for social work practitioners and service managers, who are often the frontline responders to individuals with mental illness. Data were collected through semi-structured interviews analyzed through Bardin’s content analysis technique. The following categories resulted from the analysis: clear perception of mental illness and mental disability definition and legislation; situations of fundamental rights fulfillment; and situations of disrespect of fundamental rights. Mental health managers noted the difficulties experienced when those with mental illness attempted to exercise their fundamental rights. Such attempts were often frustrating and fruitless. This situation is caused by the absence or limitation of a special legislation regarding fundamental rights of persons with mental illness in the country. In this context, the legislative power is primarily responsible for developing special acts and including them in general laws, especially considering the contributions of mental health legislation to a life with dignity for persons with mental illness.

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