Barbadians are being called upon to help shape a new Mental Health Act, with the newly established National Mental Health Commission (NMHC) of the Ministry of Health launching a wide-ranging public consultation on draft mental health legislative notes.
The proposed legislation marks a significant shift towards a more compassionate, person-centred, and rights-based approach to mental health care in Barbados. According to a release, the NMHC said the reforms are designed to address the diverse needs of people living with mental health conditions, ensuring their rights and dignity are upheld while promoting autonomy and inclusion.
The new law would replace the 1980 Mental Health Act, which was last amended in 1989. It is intended to guarantee comprehensive rights for all, including young people aged 18 and over, by ensuring access to affordable, quality mental health care on par with physical healthcare, the commission said.
Among the new provisions would be a right to make informed decisions about care, with appropriate support, protection from stigma and discrimination, and access to community-based services to minimise disruption to social life.
Advance directives will be introduced, allowing individuals to document their care preferences and appoint a trusted nominated representative to make decisions on their behalf when necessary. Special protections are outlined for minors, who may only be admitted to mental health facilities after all community-based options have been exhausted, and must be housed separately from adults.
“This reform will create a transparent and accountable mental health system that supports not only individuals with mental health conditions but also their families and caregivers,” said Dr Maisha Emmanuel, a consultant psychiatrist at the Psychiatric Hospital who chairs the mental health commission. “The new act aligns with international standards, including the UN Convention on the Rights of Persons with Disabilities.”
Strict admission procedures are proposed in the legislation, distinguishing between voluntary admission for those able to give informed consent and facilitated admission for individuals at serious risk who cannot make care decisions. Facilitated admission will be limited to 30 days unless formally reviewed, while emergency treatment will be capped at 72 hours. The legislation also explicitly prohibits harmful practices such as unlawful physical restraint and seclusion.
In addition to the National Mental Health Commission, established to monitor quality and safety standards, an independent Mental Health Review Tribunal will be created as an additional oversight body under the Mental Health Act. The tribunal’s role would be to address complaints and review admission decisions to ensure all treatment remains lawful and respectful of individual rights.
The draft legislative notes were developed through extensive consultation with people with lived experience, families, caregivers, non-governmental organisations, civil society groups, mental health organisations, and the Ministry of Education.
The public is invited to participate in the consultation process through email submissions to MHLinfo@health.gov.bb and at a series of community conversations titled Mind Yuh Mind, scheduled for Wednesday July 16 at Combermere School from 6 p.m. to 8 p.m., and on Wednesday July 30 at a location to be announced.
The NMHC has emphasised that all feedback can be submitted anonymously, and responses will remain confidential, being used only in summary form to inform the final legislation.
“Your voice is central to the new Mental Health Act,” Dr Emmanuel said. “We welcome feedback from all members of the public – individuals, families, professionals, and communities. Legal expertise is not required to provide valuable input.”
To ensure young people can meaningfully participate, the commission has prepared youth-friendly summaries of the legislative notes which are available on the Ministry of Health’s website. The public is encouraged to review the mental health draft legislative notes and provide feedback on areas of agreement, suggest improvements, highlight missing elements, and raise any questions or concerns, the commission said. (BT)
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