THE NEW MENTAL HEALTH LAW IN UAE
The United Arab Emirates (UAE) has recently passed a groundbreaking law aimed at promoting mental health care and protecting the rights of individuals with mental health disorders. Federal Law No. (10) of 2023 On Mental Health represents a significant advancement in mental health care and rights in the UAE, repealing Federal Law No. (28) of 1981, which concerns all aspects of involuntary detention in medical facilities and the treatment of those suffering from mental illnesses. This is specifically applicable to individuals who are recognized as "patients" under the law. The law defines a "patient" as a person diagnosed with a mental disorder. This law came into effect on the 30th of May2024 , seeking to improve the well-being of those with mental conditions while protecting their rights and dignity on a broader scale in society. This law also provides for each emirate except DIFC and ADGM to introduce a monitoring ‘Control and Follow up’ committees dedicated to this purpose. These committees will oversee mental health treatment institutions, making sure that policies and guidelines are followed. The main aim of this law is : To regulate the relationship of psychiatric patients and those dealing with them. To provide necessary health care adhering to the ideal health standards to psychiatric patients. To protect and preserve the rights and dignity of psychiatric patients. To promote unity and integration of these patients into society. Scope of Application : The provisions of this law apply to everything related to mental health, psychiatric patients, psychiatric health facilities, and any other facility in the country concerned with caring for or dealing with, psychiatric patients and the workers in any of them, including the free zones. The Key provisions of the law includes licensing standards, patients' rights, compulsory admission procedures, treatment regulations, and penalties for violations. The law's provisions, including its definition of a "patient", licensing standards, patients' rights, compulsory admission procedures, treatment regulations, and employment provisions, demonstrate a commitment to providing a more supportive and inclusive environment for those affected by mental health issues. The main provisions of this Law : Article 1 of the law, provides clear-cut definitions on those terms pertaining to mental health such as mental health disorders, physician, social service, etc. Article 4 of the new Mental Health Law, grants authorization for licensing mental health services, ensuring adherence to specified standards. The law lays down the general rights of psychiatric patients which include rights such as confidentiality, protection from degrading treatment, rights during admission, privacy. The Patients' Rights Committee is introduced and entrusted with monitoring compliance with psychopaths' rights, managing grievances, and resolving complaints. The law further introduces the concept of ‘ Compulsory outpatient therapeutic care’ by the decision of the psychiatrist based on either a medical recommendation or a request from their representative to be subject to such care. Articles 51 to 56 stipulate penalties for violations of the provisions mentioned in this law henceforth. The penalties range from anywhere between AED 50,000 to AED 200,000. Article 53 outlines the punishment for assisting the escape of a person subject to compulsory admission, which is the punishment of imprisonment for no more than 3 months and a fine of no less than AED 50,000. Article 54 outlines penalties for the intentional mistreatment or neglect of mentally ill individuals, with imprisonment for a period not exceeding one year and fines ranging from not less than AED 50,000 to not exceeding AED 100,000. In cases where mistreatment leads to severe illness, serious injury, or disability, the penalties increase to imprisonment for a minimum of one year and fines from not less than AED 100,000 to not exceeding 200,000. Article 55 escalates penalties for repetition, and disciplinary penalties may be imposed. The Mental Health Law also addresses employment issues related to mental health provides general rights for psychiatric patients stipulates that no restrictions can be placed on their work or employment due to their disorder. Employment Provision The United Arab Emirates (UAE) has recently passed a groundbreaking law aimed at promoting mental health care and protecting the rights of individuals with mental health disorders. Federal Law No. (10) of 2023 On Mental Health represents a significant advancement in mental health care and rights in the UAE, repealing Federal Law No. (28) of 1981, which concerned all aspects of involuntary detention in medical facilities and the treatment of those suffering from mental illnesses. This new legislation specifically applies to individuals recognized as "patients" under the law, defined as persons diagnosed with a mental disorder. The law came into effect on the 30th of May 2024, with the aim of improving the well-being of individuals with mental conditions while protecting their rights and dignity within society. It mandates each emirate, except for DIFC and ADGM, to introduce monitoring 'Control and Follow up' committees dedicated to overseeing mental health treatment institutions and ensuring compliance with policies and guidelines. The main objectives of the law are to regulate the relationship between psychiatric patients and those dealing with them, provide necessary health care adhering to ideal health standards for psychiatric patients, protect and preserve the rights and dignity of psychiatric patients, and promote the integration and unity of these patients within society. The provisions of this law apply to all matters related to mental health, psychiatric patients, psychiatric health facilities, and any other facility in the UAE concerned with caring for or dealing with psychiatric patients and their workers, including free zones. The law includes several important provisions aimed at creating a supportive and inclusive environment for those affected by mental health issues. Key provisions include licensing standards, patients' rights, compulsory admission procedures, and penalties for violations. Article 4 grants authorization for licensing mental health services, ensuring adherence to specified standards. The law establishes the general rights of psychiatric patients, including confidentiality, protection from degrading treatment, privacy, and rights during admission. It also introduces 'Compulsory outpatient therapeutic care' based on a psychiatrist's decision, medical recommendation, or a request from the patient's representative. Articles 51 to 56 stipulate penalties ranging from AED 50,000 to AED 200,000 for violations of the law. Specific penalties include imprisonment for up to three months and fines for assisting in the escape of a person subject to compulsory admission (Article 53), and imprisonment for up to one year and fines for the intentional mistreatment or neglect of mentally ill individuals (Article 54). Increased penalties apply in cases of severe consequences from mistreatment (Article 55). The law also addresses employment issues related to mental health, stipulating that no restrictions can be placed on the work or employment of psychiatric patients due to their disorder. Federal Law No. (10) of 2023 On Mental Health is a significant step forward in ensuring comprehensive mental health care and the protection of the rights of individuals with mental health disorders in the UAE. By promoting high standards of care, protecting patients' rights, and fostering their integration into society, the law underscores the UAE's commitment to advancing mental health care and upholding the dignity of those affected by mental health issues.
0 Comments
Add your comment