Law uses 'derogatory' terms for the mentally ill

A mental health lobby group has slammed the government for failing to implement the long-awaited Mental Health Act and change arcane policies that led to social exclusion.

The widespread stigma against mental health was reinforced by policies that marginalised patients and prevented them from reintegrating in society, Doris Gauci, CEO of the Richmond Foundation said yesterday.

She called on the government to immediately take action, starting from the criminal and civil code which still used derogatory terms to refer to people who suffered from mental illness.

She argued against the way interdiction was implemented, for instance, pointing out that once the process was over, the person lost all their rights - even to appeal. "This is a very serious situation."

Interdiction and giving the next-of-kin power of attorney to manage a sufferer's finances easily created a situation where a person ended up living in poverty or dependent on someone else, she said.

Mrs Gauci was speaking at a conference organised by the European Representation Office in Malta as part of activities marking the European year to fight poverty and social exclusion.

Turning to the long-promised Mental Health Act, which has been in the pipeline for the past six years, Mrs Gauci made an urgent call for it to be discussed in Parliament after the Bill got stuck at the Attorney General's office for at least two years.

Mental health problems were also used as "weapons" in separation cases, she said, especially in cases of parents fighting for children's custody. "Parents are afraid to go for help in case the other spouse finds out," Mrs Gauci said.

Turning to the judicial system, she said it was unacceptable that members of a jury ignored the recommendations of psychiatric experts appointed by the court, referring to a particular case last year in which psychiatrists attested that the accused was not fit to stand for trial.

"The stigma against mental health is spread through all sectors of society, which, in turn, are represented by the jurors. This means that they should be fully informed about mental health problems when taking a decision."

Mrs Gauci, who is also the European Year Ambassador, also called on the Church to change its canon law which prevents people who suffer from schizophrenia from marrying in church.