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