The COVID-19 national emergency activates legislative powers that allow a proportional infringement upon individual liberties. We canvas the complex legal landscape governing mental health consumers in this climate, highlight ethical considerations in application of the law and offer a simple algorithm to navigate this space.
Conclusion:
In times of emergency, it is crucial that we uphold the safeguards embodied within mental health legislation to prevent prejudicial treatment of mental health consumers.
Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 (NSW).
7.
MillJS. On liberty. In: MillJS. (ed.) The basic writings of John Stuart Mill. New York: The Modern Library, 2002, pp.1806–1873.
8.
ClabornDMcCarthyB.Incarceration and isolation of the innocent for reasons of public health. J Inst Justice Int Stud2004; 11: 75–86.
9.
United Nations. Siracusa principles on the limitation and derogation of provisions in the international covenant on civil and political rights annex. https://undocs.org/pdf?symbol=en/E/CN.4/1985/4 (1984, accessed 28 April 2020).
10.
Mental Health Act 2007 (NSW).
11.
VentriglioAGentileAStellaE, et al. Metabolic issues in patients affected by schizophrenia: clinical characteristics and medical management. Front Neurosci2015; 9: 297.
12.
AktherSFMolyneauxEStuartR, et al. Patients’ experiences of assessment and detention under mental health legislation: systematic review and qualitative meta-synthesis. BJPsych Open2019; 5: 1–10.