Mental health is one of the social issues with the greatest impact today. Although it was a condition that was not given the necessary importance, with time, more awareness has been created, since, although many do not see it, this is an area of health like any other, a reason why one goes to a specialist like any other.

What is mental health?

Basically, it is our emotional, psychological, and social well-being. There are many disorders that affect this emotional well-being. This project defines it as what alters thought, perception, orientation, memory, or emotions that affect behavior and relationships with third parties, such as, for example, anxiety, depression, attention deficit disorder, and eating disorders, among many others. As there is more knowledge and understanding about mental health, the need to promote, inform and educate people in this area of health has increased. To avoid situations that threaten the integrity or life of third parties or even the person who carries a mental disorder.

This is a never-ending topic. And the most worrying thing is the little importance that schools, home groups, and workplaces often give it, thinking that it is not something serious. It is for this reason that initiatives such as this bill are so important. Why? Because in addition to promoting mental health, it seeks to raise it to a normative level, which would provide us with the tools to defend ourselves if we are facing a violation of this right.

This project has 5 detailed objectives:

1. Ensure the right to protection of the mental health of all people and the full enjoyment of the human rights of those with mental disorders.
2. Regulate the mental health care framework so that it is possible to provide the best care, treatment, and rehabilitation in accordance with the human rights of all people.
3. Strengthen the mental health model aimed at prevention, care, rehabilitation, and reintegration with a community approach through inter-institutional actions
4. Detail the rights of users of mental health services
5. Promote the full and effective inclusion of people with mental disorders in society through the promotion, protection, and guarantee of their rights.

If this project is approved, it will be applicable to public and private health services, municipalities, the Costa Rican Social Security Fund, the Ministry of Health, the Ministry of Public Education, the Ministry of Human Development and Social Inclusion, and the Ministry of Work. It is a regulation that will affect the development of an individual in different social spheres, which can have legal implications, for example in labor, health and among others. And, for this reason, the individual must be duly advised to be able to protect his or her rights and make them enforceable before any institution.

This law establishes the rights of people with mental disorders, such as receiving health and social care, free and equal access, the right to be treated with suitable medical alternatives, the right to be accompanied by relatives during treatment, the right of the individual or their lawyer to access clinical family history, the right not to be discriminated against due to mental illness, the confidentiality of information, to appoint a lawyer in case of involuntary hospitalization, among many others.

One of the fundamental elements is the treatment and suitable conditions that a place must have to deal with this type of need, whether it is internment or consultation, and this regulation establishes that protection must be guaranteed against cruel, inhuman treatment, having a safe and hygienic environment, adequate sanitary conditions, include recreation and installation facilities that are adapted to the needs of the patient.

To guarantee the human rights of people in their relationship with mental health services, this project establishes that the members, professionals, and non-professionals of the health team are responsible for informing the Review Body of the Ministry of Health and the competent judge, on any suspicion of irregularity of undignified or inhuman treatment of people under treatment, in order to eradicate that situation of violation.

It is good to know that both to file the complaints and the correct processes before the competent authorities such as the CCSS, the MTSS, and to assert the rights of a normative rank that this project establishes for us, we need good legal advice to guarantee the protection of this rights.

ERP Lawyers applaud this initiative, since, in the country in the last three years, the rates of mental disorders have reported considerable increases, considering aspects such as the Covid-19 Pandemic. If you find yourself in a situation in which you consider your mental health is being attacked or unprotected by public institutions or third parties, at ERP Lawyers we offer you all the legal advice you may need when incurring a situation of this type.

We have a team of experts who can guide you and provide the necessary legal and emotional support. We invite you to contact us by email to info@erplawyers.com.

File: 22430
Project status: Approved in first debate