The rights of individuals with mental health difficulties in English and Maltese mental health law

Abstract

This study is an attempt to understand and evaluate the systems of protection available both domestically (Malta and England) and internationally to individuals with mental health needs. The idea for the study evolved through the increasing awareness of the problems and human rights abuses that these individuals face in today's world. Indeed people affected by mental illness are among the most vulnerable and disadvantaged group in society. They suffer from widespread discrimination and are consistently denied the rights and services to which they are entitled. The study reviews and highlights some of the major problems found in current English and Maltese mental health legislation and the extent to which these laws are compatible with the European Convention on Human Rights (ECHR). It found that the English Mental Health Act (MHA) is currently better than the Maltese MHA in protecting mentally-ill patients although both legislations need serious procedural changes in order to comply with international human rights law. Finally this thesis considers 6 particular rights and freedoms as well as relevant case law which are central to the protection of this community of individuals: the right to life; freedom from torture, inhuman or degrading treatment or punishment; right to liberty and security; right to a fair trial; right to a private and family life; and the right not to be discriminated against.