As defined by the World Health Organization (WHO), mental health is “not only the absence of mental disorder, but also a state of well-being that enables each individual to realize his/her potential, cope with the usual tensions of daily life, work productively and efficiently, and contribute to the society in which he/she lives”.
World Mental Health Day was first celebrated on October 10, 1992, as an annual event of the World Federation of Mental Health aimed at promoting efforts to protect mental health and educating the public on related issues. Upon the suggestion of Eugene Brody, Secretary General of the Mental Health Federation at the time, it was decided to use a theme for World Mental Health Day since 1994. World Mental Health Day is celebrated with a different theme every year and the theme for 2022 is “Make mental health for all a global priority”. World Mental Health Day aims to draw attention to the protection of mental health, which is an integral part of general health, prevention of mental health problems, and problems in accessing accessible, acceptable, affordable, and quality mental health services for individuals of all ages with mental health problems, discrimination, exclusion, and stigmatization of individuals with mental health problems.
According to research, approximately 970 million people worldwide have mental health problems, and one in every eight people has a mental health problem.[1] Mental health problems are among the top ten causes of disability in both developed and developing countries.[2] “Depression” ranks third in the global burden of these mental health problems and is projected to rise to first place by 2030.[3] Especially with the coronavirus pandemic, there has been a global crisis in terms of mental health, short, and long-term stresses have become widespread and the mental health of millions of people has deteriorated.[4]
It is important to establish mental health legislation in various countries to protect people with mental health problems, to realize early diagnosis and treatment, to provide widespread and qualified mental health services accessible to everyone, and to ensure the adaptation of these people to daily life. For example, in the United States, the Americans with Disabilities Act of 1990[5] protects individuals with depression, post-traumatic stress disorder, and other mental health problems in the workplace, and in the United Kingdom, the Mental Capacity Act provides a broad scope of rights for individuals with mental health problems.[6]
The fact that many countries, including Türkiye, do not have legislation that aims to protect the rights of individuals with mental health problems shows that there are steps to be taken in this regard. Although studies on this issue have been on the agenda at various times in our country, no results have been obtained. A “Mental Health Law Proposal” was drafted and submitted to the Grand National Assembly of Türkiye in 2018 (2/858) with the recommendations of the World Health Organization, the World Psychiatric Association, and the European Psychiatric Association, and with the contributions of associations specializing in this field, especially the Psychiatric Association of Türkiye, but no result was reached. The fact that the Mental Health Law, which has been planned to be enacted for a long time, has not been finalized despite being brought back to the agenda, stands out as an important deficiency for our country.
As it is known, within the framework of the provisions of the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, HREIT, as Türkiye’s national preventive mechanism, carries out regular visits to places where those deprived of their liberties or those under protection are held. In this context, visits to places such as high security forensic psychiatric hospitals, hospitals for mental health and diseases, and care centers for the disabled are also within the scope of HREIT’s duties and powers. Both the visit reports published as a result of these visits[7] and our annual reports[8] and publications emphasize the importance of enacting a Mental Health Law.
On this special day, which emphasizes the importance of mental health, which is an integral part of human health, we state that we closely follow the process of the Mental Health Law of our country, and hope that the process will be concluded in a short time and celebrate World Mental Health Day.
[1]https://www.who.int/news-room/fact-sheets/detail/mental-disorders
[2] https://en.wikipedia.org/wiki/Mental_disorder
[3] World Health Organisation, Provisional agenda item 6.2, 130th session, 1 December 2011, EB130/9.
[4] https://www.who.int/campaigns/world-mental-health-day/2022
[5] https://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990
[6] https://en.wikipedia.org/wiki/Mental_Capacity_Act_2005
[7] See Adana Dr. Ekrem Tok Mental Health and Diseases Hospital Visit Report No. 2022-35, p.30; Elazığ Mental Health and Diseases Hospital Visit Report No. 2019-22, p.29. “In the absence of a mental health law, it is observed that there are uncertainties regarding the rights and obligations of patients and staff, especially the right to personal freedom and security. In this framework, it is evaluated that a legislative work should be carried out in line with international and national human rights standards, especially the United Nations Convention on the Rights of Persons with Disabilities.”
[8] See 2020 Report on the Protection and Promotion of Human Rights, p.44; p.59. “Enact a Law on Mental Health that will consolidate rights in the field of mental health, strengthen protection in this field and set out the procedures and principles in this regard”.