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Comparative Study between Indonesia and Taiwan in Protecting the Rights of Mental Health Patients: The Case of Human Shackling in Indonesia
Andi Agus Salim, Muhammad Arizka Wahyu, Wahyudi Umar

Asia University


Abstract

Indonesia is suffering with a lot of mental health patients who have been in shackled or locked up in narrowed spaces. Approximately, there are 57,000 people with real or perceived mental health disorder and latest Human Rights Watch data shows that more than 18,800 people now live in shackled in Indonesia. Even though the government banned shackling in 1977, it is undeniable that many institutions, traditional therapists and families are still performing human shackling. Shackling people with mental health conditions is illegal in Indonesia and yet it remains a widespread and brutal practice. Regarding to this phenomenon, Indonesia has enacted the Mental Health Law 2014 which cover mental health issues and it aims to uphold for the rights of people with mental health disorders. Furthermore, the researchers would like to know how Indonesian government deals with the mental health patients in term of respecting, protecting and fulfilling their rights. Aside of that, the researchers also try to make comparative study with Taiwan as the country which has excellent health care system in the world. Through this research, the authors aim to show the number of the human shackling in Indonesia still persist which caused by inadequate regulations, lack of mental health hospitals, low level educations and shortage of psychiatrists and other mental health providers. By considering the condition above, the research suggests that Indonesian government has to take important steps to end the practice of shackling people with mental health conditions in order to respect, protect and fulfill the human rights of mental health patients. Moreover, the Indonesian government should immediately order inspections and regular monitoring of all government and private institutions and take action against facilities that practice shackling or abuse people with mental disorder.

Keywords: Mental Health Law, Human Shackling, Human Rights, Comparative Law

Topic: ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/VEkCNzyrvj7L

Conference: The 3rd International Conference on Sustainability and Innovation (ICoSI 2019)

Plain Format | Corresponding Author (Amanda Amanda)

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