Stand Up for Your Mental Health Rights

Half of Americans will experience a mental health disorder at some point in their lifetime. If you haven’t experienced one yourself, you have undoubtedly had a family member, friend, teacher, coworker, or acquaintance with a mental illness. People living with mental health conditions have rights and protections under the law. To avoid abuse and discrimination, it is important to understand those rights. People with mental illness have rights to:

• Access their own medical records.

• Protection of privacy and confidentiality.

• Access to equal quality treatment regardless of age, gender, race, or type of illness.

• Receive an explanation of treatment options, their risks and benefits, and alternatives, including the option of no treatment.

• Consent to and refuse treatment, unless a healthcare provider finds they don’t currently have the capacity to make their own decisions due to their symptoms, or they have been declared incompetent to make their own decisions by a judge and appointed a guardian to make decisions for them. In Colorado, adolescents age 15 and over can consent to their own mental health treatment, without a parent’s involvement.

• Freedom from seclusion and restraints, unless their behavior presents a significant safety threat to themselves or others.

Here are some of the laws that protect the rights of people with mental illnesses:

Americans with Disabilities Act prohibits employer discrimination against people with mental illness in the workplace.

US Family and Medical Leave Act allows you to take up to 12 weeks (480 hours) of unpaid time off per year for treatment of a mental illness or to care for a family member with a mental illness.

Colorado State Law also provides an additional 40 hours of unpaid leave.

Fair Housing Amendments Act prohibits housing discrimination and requires landlords and owners of rental housing to make reasonable attempts to meet the needs of people with mental illness (such as allowing emotional support animals).

Civil Rights of Institutionalized Persons Act allows the inspection and monitoring of government-run mental health facilities, to ensure that they are safe and provide appropriate care.  

Individuals with Disabilities Education Act requires public school systems to create individualized education plans for children with mental health problems, based on the child’s needs.