The positive obligation of the Maltese government to provide for adequate mental healthcare with particular reference to the mental healthcare needs of detained asylum seekers

Abstract

This paper aims to demonstrate the positive obligation of the Maltese Government to provide for adequate mental healthcare to those in need of mental health services. It will do this by exploring the international and regional laws that confer the right to mental healthcare upon individuals. This will be explored in Chapter 1, which will also subsequently explore the status of these rights in domestic legislation. The notion of adequacy in mental healthcare is explored in Chapter 2, in light of international standards that oblige the State to ensure that treatment is provided in a manner that safeguards the integrity and wellbeing of all individuals. In addition, mental health services presently offered in Malta are critically analysed in light of these standards, through an evaluation of the latest published Annual General Report issued by the Office of the Mental Health Commissioner. In Chapter 3, particular focus will be placed on the mental health needs of detained asylum seekers, a category of individuals who are considered as being the most susceptible to trauma-based mental health disorders. Finally, the paper will highlight the role of private law in providing a compensatory remedy when psychological damage is caused due to a breach of a statutory provision providing for the protection of the mental well-being of detained asylum seekers.