Mental health and the non-penal legislation of Malta : a study on legal issues involved

Abstract

The aim of this thesis is threefold. The first and main aim is to compile together all legislative sources currently affecting the reality of mental health patients in Malta, indicating shortcomings and difficulties therefore. The second aim is to (1) indicate the shortcomings or difficulties which are or might be experienced by the person not enjoying mental health as a result of the non-penal legislation of which he or she is subject and (2) highlight discrepancies between the legislation currently in force in Malta affecting persons not enjoying mental health and the regional and international standards and safeguards, particularly in the light of the current standards and safeguards advanced by the World Health Organisation and the Council of Europe. The final aim is to examine possible reforms to the legislation affecting mental health patients in Malta. This study is divided into five chapters. The first chapter deals with the concept of mental health, the distinction between persons not enjoying mental health and mental health patients, and an evaluation of the latter class whether under or out of the auspices of the Mental Health Act. The second chapter deals with the general civil capacity and the capacity to act of persons who do not enjoy mental health and interdiction and incapacitation proceedings, with special reference to these as implemented in Malta. The third chapter deals with a selection of specific aspects of civil life by persons who do not enjoy mental health including contracts, torts, marriage and family life, wills, the right to protect one's right before a court of law, employment rights and voting rights. The fourth chapter is a synthesis of international standards and safeguards for persons afflicted with mental health problems as set by the United Nations and the Council of Europe. The conclusion of this study examines how the legislation in question may be ameliorated, and this with extensive reference to reform of the same in other countries who like Malta, utilise a Civil Law system.