Status+of+Disabilities+Under&nbsp;Australian+Law

= = =__The distinction between mental illness, mental disorder and intellectual disability__=

__Mental Illness__
The [|Mental Health Act 2007 (NSW)] defines [|mental illness] as a condition which seriously impairs, either temporarily or permanently, the mental functioning of a person, and is characterised by the presence in the person of any one or more of the following symptoms: (a) delusions, (b) hallucinations, (c) serious disorder of thought form, (d) a severe disturbance of mood, (e) sustained or repeated irrational behavior indicating the presence of any one or more of the symptoms.

Mental illness basically refers to any group of conditions that effects the mental functioning of an individual. In medical terms, it is simply a disorder of the functioning of the mind. It can be in different forms of illnesses, including psychotic illnesses, such as schizophrenia, and also non-psychotic illnesses, such as phobias or anxieties.

A mentally ill person is defined under the __Mental Health Act 2007 (NSW)__ [|section 14.]

__Mental Disorder__
A mental disorder basically refers to episodes of mental illness, which are short-term, and not permanent. A mentally disordered person is defined in [|Section 15 of the Mental Health Act 2007 (NSW)], which defines a mentally disordered person as:

"A person (whether or not the person is suffering from mental illness) is a mentally disordered person if the person’s behavior for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care, treatment or control of the person is necessary: (a) for the person’s own protection from serious physical harm, or (b) for the protection of others from serious physical harm."

__Intellectual Disability__
An intellectual disability is a significantly below-average intellect level in a person resulting from either injury during birth, organic deterioration or of an unknown origin. Intellectually disabled people learn at a much slower rate then regular people. There are also other forms of disability that can affect a person's mental state, such as dementia and senile decay.

Under the //Mental Health Act 1990 (NSW),// any person with an intellectual disability is not required to undertake in any forms of treatment and/or care in an institution, although they usually are appointed with a guardian through a guardianship order.

As all forms of intellectual disabilities are untreatable, any person who is affected by one will always remain impaired. Due to this, people who have an intellectual disability lack full legal capacity, so the legal system, in some cases, will provide their treatment, care and control.

=__The extent to which the state guarantees the rights of people with mental illness, or with intellectual/physical disabilities__= There are many principles that can regard human rights. Many of these are stated in the [|Universal Declaration of Human Rights]. For example, Article 1 of the Universal Declaration of Human Rights states that "all human beings are born free and equal in dignity and rights." Other international treaties that protect individual rights include the [|International Covenant on Civil and Political Rights], and also the [|International Covenant on Economic, Social and Cultural Rights].

There are other treaties that relate specifically to the mentally ill, and also people who have a physical and/or intellectual disability. Three of these treaties are:
 * 1) The Principles for the Protection of People with Mental illness
 * 2) The Declaration of the Rights of Mentally Retarded Persons
 * 3) The Declaration of the Rights of Disabled Persons

Although these treaties lack enforceability, any breaches can be taken to the Human Rights Commission, as is the case of [|Toonen vs Australia]. Although not all the provisions of these treaties have been adopted into Australian legislation, the Federal and State governments have made a considerable effort to continue to protect and respect the rights of the disabled.

In Australia, there is domestic legislation which the Federal and New South Wales governments have passed, which guarantees the rights of all people with mental illness, and also both intellectual and physical disabilities. The following are a few examples.

////Disability Discrimination Act 1992 (Cth), Human Rights and Equal Opportunities Act 1986 (Cth), and the Anti-Discrimination Act 1977 (NSW)//// //Guardianship Act 1997 (NSW), and Protected Estates Act 1983 (NSW)// Social Security Act 1991 (Cth) //Mental Health Act 1990 (NSW) Freedom of Information Act 1989 (NSW) Disability Services Act 1986 (Cth) Ombudsman Act 1974 (NSW)//

=**__The Nature of Disadvantages for people in these groups__**=

One main disadvantage that the mentally ill people may face is that they may lack full legal capacity. Legal capacity can be defined as "the power, ability or competence of a person to make decisions regarding themselves." This may result in involuntary detention or treatment, and in some circumstances, a legal guardian as a result of a guardianship order. The guardianship order will limit the individual's legal right and capacities.

People who have an intellectual disability may engage in an "at risk" lifestyle, which is basically a life where they have had run-ins with the law, drug and/or alcohol abuse problems, and also even homelessness. These three circumstances can affect the health, welfare and relationships of a person with intellectual disabilities.

The legal system deals with the mentally ill case's in a very sensitive and delicate matter. For example, when a person is labelled as mentally ill, their legal rights become at risk. Currently, mental illness is shrouded in myth and also rumors, so many people misunderstand the condition. The group of people who have mental illness regularly face social stigma and exclusion, which will further erode their ability to work out and to protect their own rights within their family and friend relationships, and also within the immediate community. They may feel ashamed, they may lack confidence, they may be easily manipulated, and they will become increasingly isolated in society.

Click [|here] to read an article and view a video describing the disadvantages that are encountered by people who have obsessive Compulsive Disorder.

Click [|here] to read an article that describes some of the problems that children with obsessive compulsive disorder may encounter.