Mario Galea, Parliamentary Secrteary for the Elderly and Community Care, today addressed a conference ‘Knocking Out – – Violence and Aggression in Health Care,’ organised by the Maltese Association of Psychaitric Nurses (MAPN).
He said that “the new mental health act is based on safeguarding human rights. It puts the patient at the core of our activity. It gives an effective voice to the patient to actively participate in his care plan. Patient participation will now be mandatory. Every patient has a fundamental right to agree and consent to any treatment offered. Such an approach encourages the patient’s empowerment which consequently very often results in better compliance with treatment.”
Mario Galea went on to say that there are instances where the new act allows withholding of certain rights – such as freedom of communication and free access to one’s records. Such instances need to be sanctioned in writing by the Commissioner for the Promotion of Rights of Persons with Mental Disorders, a new office established by the new act whose main role is the advocacy and safeguarding patients’ rights.
“The law contemplates only two instances where such sanction is permissible, namely when communication to third parties is a nuisance to the recipient and when access to all information held in our records is detrimental to the patient’s well being.”
The arliamentray Secretary explained that another source whereby such client group are often abused and their rights violated are from their relatives or curators. The new act addresses such abuse. First of all it gives the right to the patient to appoint a responsible carer to act on his behalf – who is not necessary, the next of kin.
“This position has been enacted to reflect current social changes. It is also aimed to ascertain the patient’s choice and to do away with the legal responsibilities of the next of kin who may have vested interests not to act in the best interest of the patient,” he said.
“When curators are appointed by the competent court, the new act is more stringent on the duties and responsibilities of such curators to ensure that patients are not abused nor have their fundamental human rights violated. Curators will now have to seek permission from the commissioner before disposing the assets of the patient to the third parties. Curators must also submit an income expenditure account with all relevant documents to the Commissioner so to ensure that patients are not deprived from their rightful wealth,the Parliamentary Secretary said.
Mario Galea concluded that the new act also gives a voice to the children. The new Mental Health Act stipulates that in instances where the child is a patient and possesses enough maturity to decide on his own welfare, the health care professionals are duty bound to seek the child’s consent for the treatment plan. “This provision aims to minimise the abuse and violation some children suffer in unfortunate instances, where they are used as pawns in dysfunctional families.”