Article 6 of the CNDH's (National Human Rights Commission) internal regulations defines human rights as those inherent to human nature, without which one cannot live as a human being. They are all those rights that a person possesses simply by virtue of being human, and which the authorities are obligated to respect and protect.
The Political Constitution of the United Mexican States recognizes this right in Article 4, paragraph 4.
Regulations of the General Health Law
Principle for the protection of persons with mental illness and for the improvement of mental health care, adopted by the UN (United Nations).
Mental illnesses encompass affective disorders such as certain types of depression, intellectual disability, brain damage, psychoses, schizophrenia, and dementias, among others. Psychiatric hospitals must guarantee patients dignified living conditions, adequate medical care, confidential handling of their medical records, and psychosocial rehabilitation programs that help them reintegrate into their family and social environment.
Hospitalized Psychiatric Patient's Rights
- To receive dignified and humane treatment from mental health personnel, regardless of their diagnosis, economic status, sex, race, ideology, or religion.
- To receive specialized medical care, that is, from personnel trained in the management and treatment of the mentally ill. (Article 4, paragraph 4).
- To have access to clinical, laboratory, and diagnostic resources to achieve an accurate and timely diagnosis.
- To receive psychiatric and psychotherapeutic care in accordance with the relevant ethical standards governing mental health professionals.
- To have all medications prescribed by a specialist authorized by law, and to have this prescription recorded in the patient's medical record.
- To be protected against all exploitation, abuse, or degrading treatment.
- To have all information, both that provided by the patients themselves or their families and that contained in their medical records, handled in accordance with the principles of professional secrecy and confidentiality.
- To receive truthful, specific, respectful information, in understandable language, by themselves and their legal representatives, regarding their medical diagnosis and the intended medical treatment.
- To request a clinical review of their case.
- To refuse to participate as a research subject, or in any case, to have such participation authorized by the patient or by a competent and independent review body. This body must be specifically established for this purpose, in accordance with the patient's best interests, after prior knowledge of the objectives, risks, and benefits, and provided that such authorization is not influenced by any kind of pressure or that it diminishes the quality of their hospital care.
- To be informed, upon admission to the hospital, or by their legal representatives, of the rules governing the hospital's operation and to know the names of the medical and nursing staff members responsible for their care.
- To receive timely medical attention in the event of suffering from a non-psychiatric illness and, if required, appropriate treatment in an institution with the necessary technical resources.
- To receive treatment aimed at reintegration into family, work, and social life through occupational, educational, and psychosocial rehabilitation programs. The patient may choose the work they wish to perform, for which they will receive fair compensation.
- To not be subjected to physical restraints or involuntary confinement except by legally established means or procedures, and only when it is the only legally established means available to prevent immediate or imminent harm to the patient or others, or in a serious situation where the patient's capacity for judgment is impaired, and failure to apply such measures would affect their health. When there is a restriction of liberty, it will be the minimum possible according to the evolution of the illness, the requirements of their safety, and other applicable principles.
- To be housed in areas specifically designated for this purpose, with adequate natural and artificial lighting, good ventilation, sufficient space to avoid overcrowding, and hygienic conditions.
- To receive a balanced diet of good taste and appearance in sufficient quantity for adequate nutrition, served with decent utensils; to receive clothing and shoes, or to be authorized to use their own, if desired.
- To have communication with the outside world and receive family and intimate visits if this does not interfere with treatment.
- To communicate freely with other people within the institution, to send and receive private correspondence without censorship, to have access to telephone services, as well as to read newspapers and other publications, listen to the radio, and watch television.
- To enjoy therapeutic leave to visit their families according to medical criteria.
- To receive religious assistance if desired.
