Wednesday, February 28, 2024

A federal law that protects the rights of the mentally ill and promotes his integration into society

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The UAE government, keeping pace with modern trends and concepts in the field of mental health, has issued a federal law that protects the rights of the mentally ill and ensures that he receives the health care he needs.

The law aims to regulate the relationship between the psychiatric patient and the various parties dealing with him, to provide him with the health care he needs in accordance with the best standards applicable in this field, to protect and protect his rights and dignity, and to minimize negative consequences. Psychiatric disorders in the lives of individuals, families and communities and improving the integration of psychiatric patients into society.

The law applies to all mental health, mental patient, psychiatric facility, and other facilities in the country dealing with the care or treatment of the mentally ill, including free zones.

The law prohibits the provision of mental health services without obtaining a license from a competent health authority in the country, subject to conditions and restrictions specified by the executive regulations of the law.

The law introduces a set of general rights enjoyed by a psychiatric patient, the most important of which are: to receive a detailed explanation of his rights in a mental health center, including the right to make a complaint or make an explanation to his representative. In the event that the mentally ill cannot understand them, the mentally ill cannot be controlled by respecting and providing necessary services, protecting his dignity in an appropriate environment, meeting his health needs, and protecting his legally established civil rights. Except on the basis of the report of a special medical committee, to impose restrictions on his work or employment or to terminate his employment, for the purpose of protecting against harm or in accordance with a judicial decision, sexual and other exploitation.

The law includes provisions to protect the confidentiality of a mentally ill patient’s information, to protect his privacy and personal belongings while he lives in a mental institution, and to receive a plan for psychological and social care after he leaves the mental institution. Health facility, and obtain health insurance to ensure comprehensive health care in accordance with applicable law, provide support to facilitate his access to education and recreational and cultural activities and receive assistance from whomever he deems fit. Representing him to others inside and outside the mental health facility, and benefiting from communication services as long as this does not adversely affect his health, and receiving or withholding visitors as dictated by treatment needs in the mental hospital.

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The law also creates health care rights for the mentally ill, important among which are: receiving psychiatric treatment and medication in accordance with recognized medical principles, his diagnosis and treatment plan and its course, knowing complete information about treatment methods, benefits, risks, possible side effects and possible treatment alternatives and his consent. or obtaining the consent of his legal representative. Therefore, genuine and continuous participation in the treatment program will allow him to express his will and gain physical health. , receive appropriate care in a safe and clean environment, and not be subjected to any experimental treatment or medical research without his consent or the consent of his representative, and after conditions have been met. The tests and treatments he underwent at the health facility.

The law enshrines special health guarantees that serve the interests of the minor mentally ill patient, including the right to education, taking into account the age and psychological condition of the minor. Also allocation of places for him to enter mental institutions and the need to separate his residence from the places of adults and provide him with separate facilities.

The law requires a “monitoring and follow-up committee” to be established in each emirate by a decision of the head of the health commission, and is the central authority responsible for protecting the rights of the mentally ill patient. It is responsible for following up on reports received from mental health facilities regarding compulsory admission cases, monitoring mental health facilities and ensuring implementation of its duty and staff law, its administrative regulations and standards and procedures. Reviewing the reports of the Patient Rights Care Committee, determining the complaints, grievances and objections to the decisions of this Committee and deciding the complaints received in relation to the outpatient psychotherapy services, centers and clinics published in the implementation.

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The Act also requires the establishment of a “Patient Rights Care Committee” in every mental health facility primarily concerned with protecting the rights of mental patients, receiving complaints submitted by mental patients or their representatives and taking necessary action. Decide on them and them. The law gives the psychiatric patient the right to appeal the decisions of the committee for the protection of patients’ rights to the supervision and follow-up committee set up in each emirate, according to specific procedures and controls that ensure the achievement of the principles. Administration and Performance.

The law specifies types of admission to a mental health facility, where a person’s entry for evaluation or treatment is voluntary, or treatment is mandatory, or emergency admission or placement. The law also specifies restrictions on voluntary entry for the purpose of treatment for drug abuse or psychotropic substances, not to disclose any information or data to any party other than health authorities, judicial authority and public safety authorities. Persons admitted to a sanatorium for this purpose, an adult user, or a guardian or custodian of a minor, voluntarily for the purpose of treatment for drug or drug addicts, the law does not require the consent of the public prosecutor to enter or leave the facility before an arrest warrant is issued against him, and in this case No criminal case will be registered against him.

The Act also lays down precise and specific restrictions on cases of restraint, seclusion and transfer of the mentally ill, even if the mentally ill escapes and the mentally ill patient dies by then. Within and outside the country, and cases where he is subject to compulsory outpatient treatment. The law imposes a set of penalties for violating its provisions, the most important of which is imprisonment and a fine of not less than 50,000 dirhams and not more than 200,000 dirhams, for anyone who willfully proves something untrue in his medical report. The mental condition of any person, with the intention of admitting him to a mental institution or removing him, contrary to what is specified in the law, including anyone who, in bad faith, admits any person to a mental hospital, shall be punished with imprisonment and a fine of not less than 50 thousand dirhams and not more than 100 thousand dirhams, who assists a person subject to compulsory admission to escape or custody. A sick person to assignees, and willfully abusing or neglecting him. Penalties are increased if the mistreatment or neglect causes serious illness, serious injury or disability.

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The most important provisions of the Act

. A number of regulations prohibit the provision of mental health services without a license.

. Guaranteeing the general rights enjoyed by the mentally ill patient and his health care.

. To approve health guarantees that are in the best interests of the minor mental patient taking into account his age.

. Setting up a monitoring and follow-up committee in each emirate to protect the rights of mentally ill people.

. Establishment of a committee to maintain patients’ rights in each health facility.

. Violation of the law is punishable by imprisonment and a fine of 200,000 dirhams.

Nadia Barnett
Nadia Barnett
"Award-winning beer geek. Extreme coffeeaholic. Introvert. Avid travel specialist. Hipster-friendly communicator."

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