Professional Documents
Culture Documents
Since the dawn of human civilization, mentally ill patients have received the scant care
and concern of the community because of their unproductive value in the socio-economic
value system. They have not only been neglected but received step motherly treatment
from the health planners especially in the developing countries. It was only after the plea
of progressive incorporation of the norms of human rights that has created the urgency
and necessity of initiating appropriate steps for the care and treatment of mentally ill
persons. Thus as a result of the growth of humanistic values it is now admitted on all
hands that a mentally ill person needs more care and concern for his treatment and well
being.
The provisions relating to the human rights of mentally ill patients have hitherto been
neither specifically documented in any code nor been prescribed or elaborated by
Judiciary in India. But it is admitted on all hands that barring few exceptions, the
mentally ill person deserves the same privileges as enjoyed by any other human being.
They include a right to better and more accessible care, to good recovery and increased
hopes of reintegration into society. However, the Stigma, residual disability and its
intolerance, and more importantly the inability of the mentally ill to protest against
exploitation, have all made basic human rights of the mentally ill a major cause of
growing concern. The term human rights in a broad sense mean “those claims which
every individual has or should have upon the society in which he/she lives.
Patient’s Rights
1. Right to Treatment
Early court cases extended the right to treatment to all mentally ill and mentally
retarded people who were involuntarily hospitalized. The courts defined three criteria
for adequate treatment:
• A humane psychological & physical environment.
• A qualified staff with a sufficient number of members to administer
adequate treatment.
• Individualized treatment plans.
6. Right To Education
The constitution guarantees this right to everyone, although many states have not
provided adequate education to all citizens in the past and now required to do so.
8. Right To Privacy
The right to privacy implies the person’s right to keep some personal information
Completely secret or confidential. Confidentiality involves disclosure of specific
information about a person to some one else unless authorized by that person. Every
psychiatric professional is responsible for protecting a patient’s right to confidentiality,
it including even the knowledge that a person is in treatment or in a hospital.
Confidentiality builds on the element of trust necessary in a patient-clinician
relationship.
9. Right to Habeas Corpus
Habeas Corpus is an important constitutional right patients retain in all states even if
they have been involuntarily hospitalized. It provides for the speedy release of any
person who claims to be detained legally.
Role Of Nursing
The National League For Nursing, 1977 issued a statement on the nurse’s role in
patients rights. It identified respect and concern for patients and competent care as basic
rights along with patients receiving the necessary information to be able to understand
their illness and make decisions about their care. The League identified many of the
previously mentioned rights plus the following:
• Right to health care that is accessible and meets professional standards.
• Right to courteous and individualized health care that is equitable, humane, and
without discrimination.
• Right to information about their diagnosis, prognosis,and treatment including
alternatives to care and risks involved.
• Right to information about the qualifications, names, and titles of health care
personnels.
• Right to refuse observation by those not directly involved in their care.
• Right to coordination and continuity of health care.
• Right to information on the charges for services.
Bibliography:
1.Stuart Gail W,et al,Principles and Practice of Psychiatric Nursing,8th edition,
Elsevier publishers,Pp154-161.
2.WWW.legalserviceindia.com/article/mentai.htm
3.WWW.democraticunderground.com
RIGHTS
OF
Submitted to:
Ms Amarjit Kaur
M.Sc Psychiatric Nsg
Professor
Dr.SLT,CON,Moga
Submitted by:
Manu
M.Sc Nsg 1st Year