Mental Health Law and Policy - Research Paper Example

Mental Health Law and Policy Table of Contents Introduction 3 Background of Mental Health Law 4 Overview of the ment 6 Arguments in Favour of Statement that Diagnoses Make the Stereotypes Worse 9 Approach of UK Mental Health Law and Policy to the Provided Question 12 Conclusions 16 References 18 Introduction In the medical profession, representatives often use various diagnosis or nosology in order to determine the mental illness of the patients. Additionally, diagnosis relatively assumes the fact that all the member of the group are homogeneous and apparently, the different groups have been distinguished with the defined boundaries. Moreover, it has been highlighted that the public is likely to stigmatize the patient labelled mentally ill even during the time of their aberrant behaviour. In this relation the study of Ben-Zeev, Young and Corrigan affirmed that the member of the out-groups stereotyped people reflect more homogeneous characters in comparison to in-groups. Diagnosis based on the stereotypes character also reflects to have more overgeneralization errors, as in such approach all members of a group is regarded to have similar characteristics attributed as that of the group. In this regard, it has been revealed that people with the issues of schizophrenia in the context of the same stereotype are expected to have hallucinated and relatively the people with depression are assumed to commit suicide1. Theoretically, stereotyping is often regarded as the approach in which public are identified, described and formed in the stigmatized group. Diagnosis is a systematic approach of the identification as well as labelling the disease on the basis of signs and symptoms. On the other hand, diagnosis provides a meaningful perception to the clinicians to describe the patient’s health conditions not only on the basis of the symptoms, but also in relation to prognosis. Diagnostic will also enable clinicians to identify the causes of a syndrome based on which, the specific interventions are being implemented for the patient. With due consideration of the fact, stereotypical behaviour from the healthcare professional makes the diagnosis worse, as it can be affirmed that the quality of the stereotypes in the healthcare is highly problematic for the health conditions, suggesting the approach that people with specific disorders cannot be recovered from their mental disorder conditions. Moreover, this has significantly led to the creation of unnecessary as well as pessimistic attitudes regarding the prognosis and the efficacy of the treatment initiative2. Correspondingly, in the current scenario, with the contentious advancement in the medical profession, various pitfalls in the process of the diagnosis have been recognised that mainly arises because of the impact of stigma. In this regard, this paper emphasis towards focusing on the statement that “whether diagnoses make stereotypes worse or merely highlights meaningful differences that, in fact, occur because of abnormal psychiatric symptoms”, as was asserted by Ben-Zeev, Young and Corrigan. Background of Mental Health Law Improper health condition remains the prior reason for disability and relatively increases the possibilities of development of other issues. Arguably, in order to improve the aspects of mentally sick people, the law should emphasise over improving the mental health conditions and overall well-being of such individuals suffering from mental disabilities. In the UK, the aspect related to mental health comes under the provision of Mental Health Act 2007, which describes mental disorders as disability and disorder in human minds. Besides, the provision of the law emphasises towards providing the equitable treatment initiative to people with mental health issues keeping with their due perception of wishes and feelings. Moreover, the law related to mental health care also aims to remove or minimise restrictions over the liberty and ensure wellbeing and safety of the patients. However, in various point of instances, it has been observed that people having the issue of mental health problems has segregated themselves either from the care or containment keeping in isolation3. Correspondingly, the Mental Health Act 2007 of the UK amended the previous Mental Health Act 1987 that remains the foundation stone of health legislation in the nation. Additionally, the Act highlighted the manner in which people with health disparity are been treated and cared within the nation. The provision of the act herewith reflects various professions that relatively work with the people having mental health complications work towards providing possible care in the communities, rather than in the hospitals. The prior objective behind the formation of the law and policy was to provide the treatment that mentally imbalanced people require in order to protect them from possible harms. Besides, in consideration to the amendment it has been highlighted that the world has seen considerable changes since 1983 and people with mental health disparities have since then been treated in community rather than in the hospital. Apparently, the prior reason, because of which, legislation regarding mental health becomes necessary is to ensure that people having the saviour healthcare issues will be able to receive the treatment initiative whenever they required and prevent from possible harm on societal or political grounds. This could not be possible through the formation of superior treatment regimes and policies. Moreover, the Act related to mental health care enables to strengthening the safeguards of the patient and attempt to mitigate the issues related to incompatibilities of human rights4. Thus, the Mental Health law of UK, 2007 has been made to access whether the appropriate treatment initiatives have been available to such patients that will significantly entitle them to detain the treatment required. Moreover, the department affirms that such initiatives will help to provide supportive services that would help to maintain the behaviour rather than breakdown. Overview of the Statement In the medical profession, diagnosis techniques are used to determine the degree of mental illness of the patient. Additionally, the presence of the stigma that is likely to be perceived by the physician during the process of diagnosis differentiates the behaviour and character of the people or the group, which relatively distinguish them from other society members. ‘Groupness’, ‘homogeneity’ and ‘stability’ are the three different factors, which relatively exacerbate stigma during the process of diagnosis. In general, groupness is the approach on which, the healthcare professionals are unified under the single entity. Besides, with this consideration it can be affirmed that having the approach of groupness during the process of diagnosis will develop the sense of dissimilarities in the people based on the salient as well as social characteristics. In accordance to the general perception of the healthcare profession, diagnosis process also distinguishes the people over their mental illness from the general population and are relatively regarded under groupness. In this regard, within the process of diagnosis increases the probability as well sense of groupness that significantly worsens the stereotype, which are associated with the mental health illness. Besides, with such aspect, stereotype is perceived to form negative attributes, which provides a significant description to the group5. Consequently, the concept of homogeneous characteristics during the process of diagnosis also creates the possibility of error in treating the mental health conditions of the patients. Additionally, having the stereotypic behaviour of homogeneous diagnosis process intends to develop various attributes that all the people of the group are expected to manifest with similar characteristics. However, in the general prospect, it can be affirmed that individuals are described to have similar prospects in the same mental disorder conditions. In the similar respect, stereotype elaborates stigmatized groups having the component of stability, as the traits, which define the group, remain comparatively static and unchanging. Moreover, this prospect also further leads to the creation of problems in the recovery of health conditions of patients based on which, people having such specific mental health disorder are likely to perceive that they recover with proper treatment. Moreover, this factor will create negative attitudes regarding the prediction and taking the treatment initiative among the mental health patients. Furthermore, it has also been ascertained that acknowledgment of stability creates difficulties in the people having psychiatric diagnoses. Thus, having the approach of stability in the diagnosis will significantly lead to the creation of negativity, which further weakens the self-esteem as well as the self-efficacy that relatively in the long run prevents people to overcome from psychiatric disorders and relatively chase their life conditions6. In this similar regard, Corrigan highlighted that the presence of sigma harms people, especially those who are publicly labelled with the issue of mentally ill in various manners. Additionally, the approach of stereotype and prejudice among people with mental health issues finds fewer opportunities to achieve their goal of life. In this context, it has been affirmed that mentally ill people are most frequently unable to obtain reliable jobs and housing because of prejudices prevailing in the communities. Besides, it has also been reflected at various instances that stigma highly influences interaction among the mentally ill as well as the justice system of the nation. Criminalizing the mental illness scenario also arises when the police, rather than on the basis of the mental health, respond towards health crises, which further increases the likelihood to the prevalence of the people with severe mental illness issues in jail. Besides, in various scenarios, people diagnosed with the signs and symptoms of the mental health issues are arrested. Thus, the diagnosis of mental illness worsens and negatively impacts the people, having major influences on stereotypes. Moreover, in this regard, it has been observed that the negative attitude of public stigma is also likely to be observed within the health care system in which, people who are labelled as mentally ill are less likely to be treated fairly with the health care services in comparison to people without such illnesses7. Arguments in Favour of Statement that Diagnoses Make the Stereotypes Worse With regards to the perception of the statement, Whalen8 highlighted that people having the issue of mental problem, their mental illness has been drastically altered through the symptoms of their illness as well as perceptions of the society towards them. Additionally, the symptoms of such complications has been widely mitigated  incorporating various measures but relatively with the inherent stigma as well as the discrimination related with mental illness, which is likely to be persevered for the long-term. However, in certain instances, it all manifests the patients through subtle and not­-so­-subtle manner. Moreover, the stigma related to the mental health issue is likely to be shaped in the form of stereotyping, fear and avoidance by negatively influencing the patient health care. Thus, the approach of the general people over the people with mental illness commonly result through their treatment, appearance, behaviour, socio­economic status, and negative representation over mental illness. In this regard, it often has been argued that people with mental illness are generally stereotyped as unpredictable, and dangerous. On the other hand, along with the stigma that is faced by such individual, the relatively associated stigma influence the family as well as the larger social circle of such person. Besides, in this regard, Whalen also suggested the fact that education will relatively assist in reducing  the issuers related to stigma that is perceived to be present alongside mental illness. Besides, the reduction in the level of the stigma seems to be a considerable challenge faced by mental health organisations and apparently, will have damaged the course of recovery from their mental illness. According to Read, Haslam, Sayce, and Davies9, there is substantial evidence regarding the negative impacts of people over mental health problems. In addition, such attitudes create discrimination in various domains including workplaces, rejection by family members as well as friends. Eventually, such attitudes formed leads to the decrease in aspects of the life satisfaction as well as self-esteem of the mentally ill people and problems related to depression and other possibilities. Correspondingly, Stier and Hinshaw10 argues that diagnosis worsen the stereotypical notion, as stigma that is related to the problem of mental illness will have devastating impacts over the individual with mental illness as well as over their family. Besides, in various evidences, it has been reflected that stigma related to mental illness is quite uncontrolled in most of the nations as well as cultures that constitute significant barriers in providing acute care through the treatment initiatives and have poor outcomes over their mental illness. Moreover, the study highlighted that the presence of stigma during the process of diagnosis of the mental issues will further lower the function of individual and family. This prospective has been justified with the fact that high percentages of people having the problem of mental disorders begin to avoid the treatment, even in current scenarios wherein public awareness related to mental illness has been subsequently low, due the fear of stigma related with the same. However, in current scenario, various attempts have been taken by nations incorporating various policies and laws to increase the degree of awareness of mentally disordered, but the stigma related to mental illness remains the key barrier in relation to the positive outcomes across the different cultures and nations. Besides, one of the worse aspects relatively been measured regarding the employers were significantly less attracted to offer jobs to such individuals who are perceived to have the problem of mental illness. In the similar context, the report of Esa Aromaa and National Institute for Health and Welfare11 highlighted that with the diagnosis that reflect people having the mental health issue also grow the consequences related to stigma. Besides, stigma is widely common among person having mental health issue, which can be defined as the label that led the person to be avoided by the society at large. Apparently, people with the mental issues are not relatively responsible for their conditions of illness but for their recovery. Additionally, the negative attitudes and the characteristics linked with such people will distract them from creating negative consequences within the society. The result of the study also highlighted the view that mental illness problem has high amount of stigmatizing abilities in comparison to physical illnesses, as more stigmatizing attitudes are created over the people that has been diagnosed with such issues. Thus, it can be affirmed that people with the symptoms of mental disorder not only needs to cope with their psychological, cognitive, behavioural as well as the biological characteristics those create mental disorders but also from the negative consequences developed or formed with the high level of prevalence of related negative stigma. For instance, this could be much likely to notice unsatisfactory housing, lesser amount of opportunities in employment as well as in the sector of education, which significantly worsens the aspect of their quality of life. With this consideration, it has also been highlighted that due of such diagnostic practices and prevalence of stigma most of the people feels hesitation to avail the opportunity of health services as they wish to conceal from being recognised as mentally disturbed people and likely to be avoided with negative consequences relatively connected with stigma. Thus, it can be relatively reflected that the stigma is highly related with mental health and the diagnosis of such issues will further worsen the stereotypical behaviour persistent within the society12. Conceptually, Corrigan13 addresses the issue of mental healthcare as a double-edged sword, as the symptoms of psychiatric disorder diagnosis will influence the opportunities as well as the quality of life of the people. On the other hand, mentally ill people shall face the issues related to stigma as well as discrimination in the society. Moreover, stigmatizing attitudes those are eventually related with mental illness creates discrimination against such person. Nevertheless, it has been evidenced that people who are labelled with mental illness probably receives lesser apartments, social support and more likely to be changed for the violation of rules in the society. Approach of UK Mental Health Law and Policy to the Provided Question Prior to acquiring a comprehensive idea about how the mental health law and related policies of the UK approach to the provided question about the making of the stereotypes worsen or simply underline consequential distinctions by diagnoses, it is indispensable to get familiar about such policies. It has been mentioned earlier in the previous discussion that the aforementioned policies of the UK have been mainly established for safeguarding the rights possessed by the people belonging to every region of the nation. These people at certain times face varied critical situations that encompass marginalisation, discrimination as well as stigma among others that eventually raises the scope of violating the human rights by a considerable extent. These situations that arise due to mental disorders also impose adverse impacts on the decision-making capabilities of the people, posing risks in the procedure. With this concern, the respective government of the UK has introduced certain policies and regulations relating to mental health in order to cope with the above discussed situation and also address the different risks in an efficient way14. Such policies or regulations could be duly measured in the form of varied provisions including conducting tests for confinement, offering quality as well as effective treatments regarding mental disorder, replacing the factor concerning ‘treatability’ and developing the professional roles of different medical professionals. From the perspective of safeguarding the rights of the individuals belonging to the UK and restricting them to be restrained from their respective human rights, the mental health law and related policies of the UK emphasises performing distinct roles. These roles could be ascertained as establishing advocates of mental health, offering consent prior to conducting treatment procedure and most importantly, restricting the rights of tribunal among others15. The provided question, which is mainly concerned with determining whether diagnoses make the stereotypes poorer or only emphasize meaningful differences that in fact, occur due to irregular psychiatric symptoms, generally revealing the bidirectional causal association persisting between groupness and stereotypes. This can be justified with reference to the fact that the relevance of stereotypes can only be felt in the form of a consequential group of people wherein the general public fails to recall stereotypes regularly and specifically for the amorphous classes. Thus, it can be projected in this similar concern that diagnoses, which have the potentiality of raising the sense of groupness, which will certainly reinforce the stereotypes related to mental illness. On the other hand, from a different perspective, stereotypes are reckoned to be the negative attributes that offer valid descriptions to a specific group16. In relation to the above context, it can be affirmed that the UK mental health law and policy approaches to the above provided question by describing a stigmatised group, wherein every people of the group possesses mental illness. It must be mentioned thus that the various professionals of mental health remained involved in assessing such groups, which is reckoned as one of the effective mental health based lawful guidelines and policies of the UK. Based on various provisions made under the dimension of the UK mental health law and policy, diagnosis of the stereotypes is typically described as a classification enterprise, which tends to reveal the fact that all the individuals pertaining to a group are homogeneous in nature and certainly get distinguished by varied definable boundaries17. There also exist certain other ways through which the approach made by the UK mental health law and policy in response to the above analysed provided question could be duly ascertained. In this regard, one of such ways includes introducing a legal framework based on which different critical issues could be addressed relating to mental illness and abnormal psychiatric symptoms. Apart from this, the UK mental health law and policy makes a deliberate approach to the provided question in the form of establishing provisions regarding the deliverance of quality care to the sufferers and safeguarding the rights of such people to the maximum possible level18. The provided question, which mainly denotes determining whether diagnoses makes the stereotypes to become less relevant or make any sort of meaningful differences due to the persistence of several abnormal psychiatric symptoms, revealed the distinctions prevailing amid the members of varied stereotype groups. Justifiably, in this similar concern, it can be apparently observed that the members related with the stereotyped out-groups are homogenous in terms of nature in comparison with the in-groups those actually showcase the disparities persisting between the actual symptoms and the labelling theory. It is worth mentioning that such distinctions ultimately lead towards creating an error of overgeneralization and possessing the inability to make positive societal reactions in comparison with others. It will be vital to mention that the above-analysed question has enabled gaining a brief understanding about stereotypic descriptions concerning different stigmatised groups. These descriptions eventually present the fact that the above stated stigmatised groups, at certain times, possess a constituent of stability, which portray the traits of remaining comparatively changing as well as static. On a further note, these sorts of quality stereotypes often become challenging for the health conditions of the people. These challenges can be identified in the form of making pessimistic attitudes needlessly and lessening the extent of treatment efficacy among others19. The lawful regulations or policies relating to mental health of the UK are therefore ought to be regarded as a procedure instead of an event that may enable deriving varied positive outcomes. With this concern, it can be affirmed that the UK mental health law and policy makes deliberate approaches to the provided question by advancing the treatment or diagnosing procedures and developing the systems of service delivery as per the expected level. Thus, it is strongly believed that such approach of the UK mental health law and policy towards the provided question eventually results towards improvising the quality of different mental health related services and promoting the activities that tend to restrict the violation of human rights. Specially mentioning, by following the principle of free as well as informed consent towards the diagnosis procedure, the UK mental health law and policy also approaches the provided question urging the need for establishing an alternative paradigm towards safeguarding the rights of the sufferers. It is therefore worth mentioning that the above discussed approaches made by the UK mental health law and policy towards the provided question would eventually raise and develop the roles played by stereotypes in the context of offering quality care or treatment to the sufferers20. Conclusions From the above analysis and discussion, it can be ascertained that the mental health law and policy of the UK focuses on safeguarding the rights of the people by offering them with quality treatment of different mental disorders that they face in their respective daily life. Such policies or legal provisions have been mainly introduced in the UK for a specific purpose of restricting the violation of human rights. These ways entail making better as well as effective decisions and addressing or adhering with any sort of prevailing issues. It is worth mentioning in this context that the aspect or the dimension of mental health generally appears under the provision of Mental Health Act 2007, which treats mental disorders as a disorder on behalf of the sufferers. While understanding the approaches made by the mental health law and policy of the UK towards determining whether diagnoses contribute in making the stereotypes worse or present any sort of meaningful difference, a detailed idea could be acquired about the functions of the notion concerning professional diagnosis. It is vital to mention in this similar concern that it tends to differentiate the behavioural attitudes as well as the characters of the individuals from other societal members by establishing various perceptions including stability, homogeneity and groupness. Thus, with this concern, it is to be affirmed that the mental health law and policy of the UK make deliberate approaches to the provided question by differentiating the behaviours of the people based on the above stated factors as well as attributes. From a theoretical perspective, the most crucial among the factor concerning groupness denotes unifying those people under a sole entity. On the other hand, the homogeneous factor signifies creating the probability of an error while treating the people suffering with mental disorder. Finally, the factor of stability represents causing no harm to the sufferers in the form of varied ways. These ways include offering quality care to the affected people and developing the structure of the adverse health conditions at large. In conclusion, it can be affirmed that the approaches made by the mental health law and policy of the UK with respect to the provided question eventually ensures the development of stereotypes towards changing the lifestyle of the people. Specially mentioning, on a further note, the following of a legal framework by such laws and policies would eventually address different critical issues and likewise, generate varied positive results. References Angermeyer, M. C. And H. Matschinger, ‘The Stigma Of Mental Illness: Effects Of Labelling On Public Attitudes Towards People with Mental Disorder.’ [2003] (Acta Psychiatr Scand, Vol. 108, pp. 304–309). Ben-Zeev, D. Young, M. A. and Corrigan, P. W. ‘DSM-V and the stigma of mental illness’ [2010] (Journal of Mental Health 318-327). Corrigan, Patrick W., ‘Mental Health Stigma as Social Attribution: Implications for Research Methods and Attitude Change.’ [2000] (American Psychological Association, pp. 48-67). Corrigan, Patrick, ‘How Stigma Interferes With Mental Health Care’ [2004] (American Psychologist, Vol. 59, No. 7, pp. 614–625). Crown, ‘Mental Health Act 2007’ [2007] accessed 30 April 2015. Esa Aromaa and National Institute for Health and Welfare, ‘Attitudes towards People with Mental Disorders in a General Population in Finland.’ [2011] (The National Institute for Health and Welfare, pp. 1-87). 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World Health Organization. ‘Policies and Practices for Mental Health in Europe’ [2008] (Assets, pp. 1-187). Whalen, David, ‘The Stigma Associated with Mental Illness.’ [No Date] (Canada Mental Health Association, pp. 1-5). Read More