Abstract
Legislation forms an important component in the implementation of mental healthcare. Legislation is an expression of society with regard to the way it views and cares for mentally ill individuals. It has long been known that there is a dynamic relationship between the concept of mental illness, the treatment of the mentally ill and the existing Law. Mentally ill persons are vulnerable and required protections and access to treatment programmes, significant degree of choice and respect for autonomy. Though there are several laws but these laws are not able to protect the right of the mentally ill person and person with the disabilities. This paper is emphasized on the human rights and legal provisions for mentally and physically challenged people and reviews the existing rights and their importance for the welfare of these groups and also emphasized on their drawback in an Indian Perspective.
Highlights
Human Rights are the State instruments promising the good life to its people and which are legitimized by the State
In United States, this humane treatment of mental patients was reflected in the work of Benjamin Rush (1745-1813), the founder of American Psychiatry
The human rights of Psychiatric patients may be examined in the available light of following development: 1) United Nations Declaration of Human Rights, 1948
Summary
The possession by the spirits was seen as 'madness' or some form of immorality during middle Age. Humanitarian reform of mental hospital and 'moral treatments' of the mentally ill received its first great impetus from work of Psychiatrist Philippe Pinel (1745-1826) in France. He transformed the custodial care system somehow and thought to use the environment of hospital in a benevolent way to cure the patients (Ridgway, 1997). According to Maurice Cranston, there were three criteria of human rights to ascertain whether a particular right is a human right or not. These criteria are universality, practicality and paramount importance. Presence of a disease cannot snatch away right of a human being
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