Human Rights and Mentally Ill Patients: A necessary discussion

Resumen

This research analyses the situation of mentally ill patients and human rights. The subject is justified because it brings contributions for the legal perspective, especially the right to health. The goal of this investigation is to verify some psychiatric hospitals and methods of treatments around the world as well discussing legislations aspects, with a special view on the Brazilian Psychiatric Reform and its anti-asylum law – Lei Antimanicomial – that brought improvements for the protection of patients and non-abusive treatments. The methodology used in this research follows the hypothetical-deductive method and consists mainly from bibliographic analysis through books, dictionaries, newspapers, periodicals, articles, official databases, national and international laws as well as the use of all types of materials and instruments available on the Internet. It was possible to demonstrate that our contemporary society still struggles when dealing with mentally ill individuals. The psychiatric institutions analyzed in Serbia, Mexico, Brazil, Lithuania, India and Indonesia, demonstrated strong violations of human rights, discrimination, social exclusion, lack of public health policies, lack of infrastructure, mistreatment and suffering. It was also discussed the issues of voluntary and involuntary internment, social exclusion and social inclusion. We concluded that we have to break up this paradigm based on exclusion. It’s necessary to deconstruct the idea that a mentally ill individual is incapable or dangerous. The States have the responsibility to protect violations of human rights, but in some point, we have to remember that we’re all human beings and we all have to be treated in respectful way.

Keywords: Discrimination. Insanity. Mistreatment. Right to Health