European Court of Human Rights judge Vincent DeGaetano yesterday called for a watchdog of mental health issues that was independent of the state.
The Commissioner for Mental Health has no security of tenure and is accountable towards the health minister, so he cannot criticise the government, the former chief justice told a seminar about mental health legislation.
The Mental Health Act, approved in Parliament in December, 2012, replaces the antiquated 1976 legislation that was based on the 1959 British Mental Health Act. The law was enacted last October and will be fully in place by this October.
It was important that all necessary steps were taken before healthcare professionals decided that someone was incapable of taking decisions
However, this law does not cover people without certified mental health problems who suddenly – or temporarily – experienced mental capacity issues, like the elderly or sufferers of stroke and Parkinson’s disease.
The office of the Commissioner for Mental Health yesterday held a seminar to discuss the legislation needed to protect vulnerable people who have to take informed decisions when it comes to inheritance and procurements, monetary management, social benefits and medical treatment among others.
Judge DeGaetano welcomed the new law’s recognition of the rights of people undergoing treatment, and their carers.
Another positive aspect is that while the old law had an all-encompassing definition of mental disorder, the new law distinguished between disorder and capacity.
The same law, however, has removed the Mental Health Review Tribunal, which used to review the release of patients from Mount Carmel hospital. The responsibilities of this tribunal have now been transferred to the Commissioner, who is not independent of the government.
The seminar, which brought together healthcare, legal and social care professionals, including EU Health Commissioner Tonio Borg, was held at the Verdala Palace under the patronage of President George Abela, who insisted on the dignity of human beings.
The individual is the subject, and should never be the object in these discussions, he said.
Health Minister Godfrey Farrugia said it was important that all necessary steps were taken before healthcare professionals decided that someone was incapable of taking decisions.
He warned that when incorrect decisions were reached and a person was deemed incapable, this stripped him of his dignity.
Speaker Anglu Farrugia expressed concern about the abuse of vulnerable people and called for clearer regulations and good practices.
Meanwhile, Geriatric consultant Antoine Vella spoke about the importance of empowering people who did not fall under the Mental Health Act, like those with speech and learning difficulties, and people in the early stages of dementia.
The intervention chosen needed to be the least restrictive, taking into account the person’s wishes.
This could mean contacting the person’s relatives or close friends who would know their wishes or could communicate with them if they were unable of communicating through speech.