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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- A person with lived experience of any mental health condition including persons who require or are undergoing psychiatric, neurologic or psychosocial care is called a Service User.
- Mental Health Condition refers to a neurologic or psychiatric condition.
Mental Health is a state of well-being in which the individual realizes one’s own abilities and potentials, scopes adequately with the normal stresses of life, displays resilience in the face of extreme life events, works productively and fruitfully, and is able to make a positive contribution to the community. (Section 4(j), Republic Act No. 11036 also known as the Mental Health Act)
A person with lived experience of any mental health condition including persons who require or are undergoing psychiatric, neurologic or psychosocial care is called a Service User. (Section 4(t), R.A. No. 11036)
What is a mental health condition?
The law says:
Mental Health Condition refers to a neurologic or psychiatric condition characterized by the existence of a recognizable, clinically-significant disturbance in an individual’s cognition, emotional regulation, or behavioral that reflects a genetic or acquired dysfunction in the neurological, psychosocial, or developmental process underlying mental functioning. The determination of neurologic and psychiatric conditions shall be based on scientifically-accepted medical nomenclature and best available scientific and medical evidence. (Section 4(k), R.A. No. 11036)
Jurisprudence says:
Persons who suffer from mental illnesses and disorders are no longer viewed as wild beasts who are absolutely devoid of mental faculties. The diagnosis and studies on mental illnesses and disorders have progressed since. Attitude and views toward mental health have significantly evolved. Tests have been recalibrated and reformulated to better deal with the peculiarity and contours of insanity defense cases-tests whose merits are now recognized by this Court. (People of the Philippines vs. Lito Paña, G.R. No. 214444, November 17, 2020)
What are the rights of service users?
The law says:
Section 5. Rights of Service Users. – Service users shall enjoy, on an equal and nondiscriminatory basis, all rights guaranteed by the Constitution as well as those recognizes under the United Nations Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities and all other relevant international and regional human rights conventions and declarations, including the right to:
(a) Freedom from social economic, and political discrimination and stigmatization, whether committed by public or private actors;
(b) Exercise all their inherit civil, political, economic, social, religious, educational, and cultural rights respecting individual qualities, abilities, and diversity of background , without discrimination on the basis of physical disability, age, gender, sexual orientation, race, color, language, religion or nationality, ethnic, or social origin;
(c) Access to evidence-based treatment of the same standard and quality, regardless of age, sex, socioeconomic status, race, ethnicity or sexual orientation;
(d) Access to affordable essential health and social services for the purpose of achieving the highest attainable standard of mental health;
(e) Access to metal health service at all levels of the national health care system;
(f) Access to comprehensive and coordinated treatment integrating holistic prevention, promotion, rehabilitation, care and support, aimed at addressing mental health care needs through a multidisciplinary, user-driven treatment and recovery plan;
(g) Access to psychosocial care and clinical treatment in the least restrictive environment and manner;
(h) Humane treatment free from solitary confinement, torture, and other forms of cruel inhumane, harmful or degrading treatment and invasive procedures not backed by scientific evidence;
(i) Access to aftercare and rehabilitation when possible in the community for the purpose of social reintegration and inclusion;
(j) Access to adequate information regarding available multidisciplinary mental health services;
(k) Participate in mental health advocacy, policy planning, legislation, service provision, monitoring, research and evaluation;
(l) Confidentiality of all information, communications, and records, in whatever form or medium stored, regarding the service user, any aspect of the service user’s mental health, or any treatment or care received by the service user, which information, communications, and records shall not be disclosed to third parties without the written consent of the service user concerned or the service user’s legal representative, except in the following circumstances:
(1) Disclose is required by law or pursuant to an order issued by a court of competent jurisdiction;
(2) The service user has expressed consent to the disclosure;
(3) A life-threatening emergency exists and such disclosure is necessary to prevent harm or injury to the service user or other persons;
(4) The service user is a minor and the attending mental health professional reasonably believes that the service user is a victim of child abuse; or
(5) Disclosure is required in condition with an administrative, civil, or criminal case against a mental health professional ethics, to the extent necessary to completely adjudicate, settle, or resolve any issue or controversy involved therein;
(m) Give informed consent before receiving treatment or care, including the right to withdraw such consent. Such consent shall be recorded in the service user’s clinical record;
(n) Participate in the development and formulation of the psychosocial care or clinical treatment plan to be implemented;
(o) Designate or appoint a person of legal age to act as his or her legal representative in accordance with this Act, except in cases of impairment or temporary loss of decision-making capacity;
(p) Send or received uncensored private communication which may include communication by letter, telephone or electronic means, and receive visitors at reasonable times, including the service user’s legal representative and representatives from the commission on Human Rights (CHR);
(q) Legal services, through competent counsel of the service user’s choice. In case the service user cannot afford the service user cannot afford the service s of a counsel, the Public Attorney’s Office, or a lega; aid institution of the service user or representative’s choice, shall assist the service user;
(r) Access to their clinical records unless, in the opinion of the attending mental health professional, revealing such information would cause harm to the service user’s health or put the safety of others at risk. When any such clinical records are withheld, the service user or his or her legal representative may contest such decision with the internal review board created pursuant to this Act authorized to investigate and resolve disputes, or with the CHR;
(s) Information, within the twenty-four (24) hours of admission to a mental health facility, of the rights enumerated in this section in a form and language understood by the service user; and
(t) By oneself or through a legal representative, to file with the appropriate agency, complaints of improprieties, abuses in mental health care, violations of rights of persons with mental health needs, and seek to initiate appropriate investigation and action against those who authorized illegal or unlawful involuntary treatment or confinement, and other violations. (Section 5, Chapter II, R.A. No. 11036)
Related article: Service users and their rights under Republic Act No. 11036 or the “Mental Health Act”
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