Mental health czar wants Criminal Code to have proper terminology

Malta's criminal code is still replete with outdated terms that refer to mental health illness by the generic and depreciative term of 'madness', raising questions of whether a bill for a Mental Health Act will be approved or not due to its conflict with the Criminal Code.

The Commissioner for the Elderly and Mental Health, Dr John Cachia, told a seminar organised by the Malta Health Network (MHN) and the European Public Health Alliance (EPHA) that Malta's Civil Code was already aligned with the Bill, because amendments were introduced to the code regarding mental health terminology and the definitions of mental disorders.

"However there is an issue with outdated terms used in the criminal code which refer to madness rather than mental health problems. It would be a pity if this law is not approved because it is not aligned with the criminal code. It would be a great disservice for the law not to be approved because of outdated and inappropriate terminology," Cachia said.

The Mental Health Act has yet to be published in parliament, and is currently the subject of consultations being led by the Commission for the Elderly and Mental Health.

Cachia called upon the government and other authorities to pay more attention to Malta's ageing population and change attitudes toward mental health. "Government needs to regulate the provision of mental health services, care and rehabilitation while promoting and upholding the rights of persons suffering from mental health problems. We need the input of NGOs to create a more patient focused Bill. The emphasis of the Commission will be to regulate restrictive care, special treatment and medical research," Cachia said.

The Commissioner hoped that more patients would voluntarily opt for mental health care once the new law is approved. The new law will enforce a 15-day observation order, contrary to the current 27-days, an a 10-week treatment order contrary to the current one-year order, with extension of five weeks and renewals of six months contrary to the current two-year renewable subsequent when it comes to hospital stays.

The new law also introduces three levels of lack of mental capacity, Cachia said. "A person will be considered able and competent to make decisions unless otherwise certified by a psychiatrist. This certification will help reduce abuse when it comes to family members of patients and safeguard their rights."

Specific rules will apply to minors and the law will specifically address the needs of minors admitted to hospital for treatment. "We are actually working with mental health professionals to increase space for minors in hospitals," Cachia said.

One of the law's shortcomings, pointed out by lawyer Daniel Bianchi, was that the bill does not provide for a mental health tribunal. Cachia replied that the current tribunal would ber emoved completely and the commission take decisions instead.

"When it comes to human rights, any breach will be reported according to the governing bodies including the Police Attorney General since it will be a breach of the Constitution of Malta and professional councils. The attitudes of professionals towards mental health also needs to change for the Mental Health Act to be successful," Cachia insisted.