The Right to Mental Health in the Legal Systems of Iran and England

Document Type : Original Article

Authors

1 Assistant Professor of Public Law, Faculty of Law of Shahid Beheshti University, Tehran, Iran.

2 MA Graduate of Public Law, Faculty of Law of Shahid Beheshti University, Tehran, Iran.

Abstract

Individuals with mental illnesses, historically referred to as "mad," have been marginalized and deprived of their fundamental rights. The right to mental health offers a pathway to reclaiming their violated rights and improving the psychological well-being of all members of society. This human right is a fundamental component of the right to health and emerges through the cooperation of governments. State intervention in this right aims to create conditions that facilitate access to resources and facilities for achieving mental health. Based on this premise, this research employs a descriptive-analytical approach to examine the legal system of England in order to assess the extent to which this right is secured in the country, considering its existing legal structures and norms. England addresses issues related to mental patients through the enactment of laws in the field of mental health, and through specialized mental health courts, it enables the judicial restoration of their violated rights. In its latest stage, England also takes steps towards reducing societal psychological harm and improving mental health through the provision of structural and organizational frameworks. In contrast, the situation in Iran lacks such norms, specific judicial structures, and faces multiple uncertainties regarding the status of mental health patients. Considering England's approach as the first country to enact mental health legislation can provide suitable solutions for Iran in establishing legal frameworks.

Keywords

References

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