such legislation until 1990. During this period, even the organisation of Alcoholics Anonymous groups was hampered, since they were seen as a potential threat to the political regime.
MENTAL HEALTH ACT
The Mental Health Act was finally passed by the Polish Parliament in 1994 and has been in force since 1995. It was amended in 1997, 1998, and (twice) in 1999. The act filled a glaring gap in the Polish legal system. Until its passage, there was no definitive legal protection for the rights of people with mental health disorders, and no clearly articulated legal principles governing the psychiatrist-patient relationship.
The Act was patterned on similar legislation in other countries. It conforms to international pacts and conventions on human rights signed by Poland.
According to the Mental Health Act: "Acknowledging that mental health is a fundamental human value and that the protection of rights of people with mental health disorders is an obligation of the State, this act proclaims the following:
* Article 1.1. Mental health protection shall be provided by the State administration, local government agencies, and appointed institutions.
001.2. Voluntary associations and other civic organisations, foundations, vocational councils, churches, and other denominational unions, and self-help groups consisting of patients and their families may participate in the provision of mental health protection.
* Article 2.In particular, mental health protection shall consist in:
.01. Promoting mental health and preventing mental health disorders;
.02. Providing the mentally ill with comprehensive and accessible health care, as well as other forms of care and assistance essential for them to live in the family and the community;
.03. Developing appropriate social attitudes towards persons with mental health disorders, in particular, understanding, tolerance, and kindness, and counteracting discrimination." This seems to be one of the few legal acts to so clearly state the need for an anti-discrimination policy concerning the disabled
In addition to these general principles, the Act details more specific provisions, and defines a person with mental health disorders:
* Article 3.1. Whenever the provisions of this Act refer to a person with mental health disorders, they shall apply to a person who:is mentally ill (i.e. demonstrates psychotic disorders),is mentally retarded,*demonstrates other disturbances in mental functioning which, according to the current medical knowledge are classified as mental health disorders, and who needs health care or other forms of aid and care in order to live in the family or social community.
* It is important to note that mental retardation refers to limited intellectual functioning and is not in any way associated with mental illness. However, a person who has mental retardation can also have mental health problems as a person with mental illness can also be mentally retarded.
* Article 4.1. Preventive measures with respect to mental health shall be targeted first and foremost at children, youth, the elderly, and people in situations involving risk to their mental health.
* Article 4.2.5. Measures referred to in Par. 1 shall include, in particular, the introduction of mental health care issues in the professional training curricula of persons working in. management and administration.
