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1 Mission to Study Human Rights of Psychiatric Patients: Conclusions and Recommendations 1 (1992)

handle is hein.icj/mshurpsy0001 and id is 1 raw text is: 




INTERNATIONAL COMMISSION OF JURISTS




           MISSION TO STUDY HUMAN RIGHTS OF PSYCHIATRIC PATIENTS

                CONCLUSIONS AND RECOMMENDATIONS, APRIL 1992




1. Introduction


            The first International Commission of Jurists' (ICJ) mission to
study the human rights of psychiatric patients in Japan took place in 1985.
Its report emphasized the divergence of Japanese mental health services
from those in other industrialized countries. While most countries had been
reducing the number of hospitalized psychiatric patients by reducing the
length of stay and by providing effective rehabilitation and care in the
community, Japan had been steadily      increasing the number of beds in
psychiatric hospitals. These beds were filled with patients, the majority
of whom stayed in hospital for long periods of time. Furthermore, Japan's
existing mental health legislation did not provide any effective protection
of patients' rights, there was also a striking deficiency in the human
resources and programs available for rehabilitation and community care.


            The second ICJ mission took place shortly after the important
revision of the Mental Health Law enacted in September 1987. The report of
the second mission expressed guarded optimism about the legal reforms, as
well as noting the increased awareness of the scope and seriousness of the
problems of providing comprehensive mental health care. Nevertheless, it
was also noted that the day to day conditions for over 300,000 hospitalized
patients had hardly changed at all, and concern was expressed about the
lack of resources 'for human rights protection and service development. The
second mission expected that voluntary admission should become the norm and
that the average length of stay in hospital would fall progressively. The
mission suggested that a model for comprehensive mental health services
should be developed and evaluated for a defined geographical area.


            The 1988 mission also expressed concern about the absence of an
effective  system  of inspection    and  standard  setting  for psychiatric
hospitals, the lack of adequate infrastructure for the Psychiatric Review

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