mind out for mental health
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People with mental health problems can sometimes feel that they are 'second class citizens' when it comes to the law - even though their rights are covered under the Disability Discrimination Act.

The 'civil liberties' issues facing people with mental health problems include:

  • Disqualification from jury service. "Mentally disordered persons" are disqualified from jury service (people who regularly see a medical practitioner because of mental health problems fall into this category).
  • Compulsory treatment. Under the Mental Health Act, mental health service users living in the community can be issued with compulsory treatment orders, taken to hospital, and forced to take medication.
  • Inequality in the justice system. In one survey, three quarters of professionals working in criminal justice felt that the system failed people with mental health problems who were the victims of crime.  Often this happened because they were reluctant to report offences, because their complaints were not taken seriously, or their evidence was deemed unreliable.

    The Disability Discrimination Act:
    Since 1996, the Disability Discrimination Act has made it illegal, in certain circumstances, to discriminate on the grounds of mental health. The Act defines disability as a physical or mental impairment which has had a substantial and long-term effect on a person's ability to carry out day-to-day activities. 'Mental impairment' includes mental health problems if they constitute a 'clinically well-recognised illness', even if the condition is controlled by medication. 

    Under the Act, employers of fifteen or more people cannot discriminate against a disabled person for an unjustified reason related to their disability, and they have to make adjustments to working environments and arrangements of which put someone at a substantial disadvantage. 

    The Act also makes it illegal to provide goods, facilities and services to a disabled person on terms which are different from those given to other people. For instance, it requires insurers to demonstrate higher risk (such as reduced life expectancy) as a direct result of a specific psychiatric condition before they refuse cover or increase premiums.


    arrow tell your story if you have experienced discrimination on the grounds of mental health.   arrow Read diana's story for her thoughts on the law and discrimination.
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