Mental Health Law: A Global Future?

Does mental health law have a “global future”? Health, as has been graphically demonstrated by the Covid-19 pandemic, is not something which should be seen simply as the concern of individual jurisdictions. Instead, it should be regarded both as a global challenge and a global responsibility. Global heath challenges have led to calls for the development of global health law not simply as an academic discipline but also in the form of a legal instrument establishing a Global Health Convention. But to what extent will the future of mental health law be truly “global” and if so, what will be the implications of such a global future? To attempt to address these questions this chapter begins by considering what the nature of mental health law is itself in terms of legal frameworks and as an academic discipline. It suggests that while there is a myriad of applicable international human rights frameworks and related governance applicable to mental health it is suggested that these international frameworks, while important in framing protections and debate, fall short of “global mental health law”. Finally, it explores whether the future for mental health at global level is indeed that of a truly “global mental health law” emerging as a distinct academic area and perhaps with its own distinct legal force at global level.