By: Samantha Poblacion on July 12, 2018

The recognition of mental health as a basic human right in the Philippines finally came to pass after the Philippine Mental Health Law (Republic Act No. 11036, or RA 11036) was signed into law on June 21, 2018. The bill was pending in Congress for almost 20 years – a stark reminder of the stigma that still permeates discussions on mental health issues by Filipinos. It was also perhaps no coincidence that the bill was signed into law on the heels of high-profile suicides that occurred one after the other.

The law not only affirms mental health as a basic human right, it also enshrines the Filipinos’ access to mental health services as a fundamental human right. This two-pronged approach firmly dispelled the two pervasive misconceptions that has colored any discussion on mental health: 1) that mental health is not as important as physical health, and 2) that depression, anxiety and other mental health issues can be chased away by “positive thinking” without the help of mental health professionals.

The law also recognizes that affirming the Filipinos’ right to mental health will remain mere lip service if there are no mechanisms to rewrite the narrative around mental health issues. More often than not, people suffering from mental health conditions are dismissed or even derided. However, in the same vein that an untreated physical symptom can lead to death, a person suffering from depression, anxiety and other mental health issues are in comparable danger, if these conditions remain untreated. To instill awareness, acceptance and open dialogue, the law mandates government agencies such as the Department of Education, Commission on Higher Education, and Technical Education and Skills Development Authority to, among others, integrate age-appropriate content pertaining to mental health in the curriculum of all educational levels in public and private institutions.

While education guarantees that the next generation will have more nuanced and empathic approach to mental health, there’s equal urgency in addressing the needs of those currently suffering from mental health conditions.

One of the most important aspects of RA 11036 is the recognition that the workplace is a contributing factor in raising awareness of Filipinos on mental health issues. The Philippine work sector is capitalist-economic in nature. This means that at any given time, a portion of the 4.5 million Filipinos estimated by the World Health Organization to be suffering from depression, or any mental health issues, find themselves working in an office between 6 to 12 hours, almost every day.

These statistics highlight the profound influence of a person’s environment, including the work place, to the mental health of the average Filipino. RA 11036 recognizes that employers should be made partners with the State, to enable affordable and timely access to professional help, if the need arises. The law therefore mandates that “(e)mployers shall develop appropriate policies and programs on mental health in the workplace designed to: raise awareness on mental health issues; correct the stigma and discrimination associated with mental health conditions; identify and provide support for individuals at risk; and facilitate access of individuals with mental health conditions to treatment and psychosocial support.”

The law also seeks to utilize other stakeholders within the employment sector, specifically tasking the Department of Labor and Employment and the Civil Service Commission to “(a) develop guidelines and standards on appropriate and evidenced-based mental health programs for the workplace […]; and develop policies that promote mental health in the workplace and address stigma and discrimination suffered by people with mental health conditions.”

In terms of access to professional help and services, a person suffering from a mental disorder can be brought to the Department of Social Welfare and Development which will refer said person to mental health facilities, professionals, workers, and other service providers for appropriate care, and to provide or facilitate access to public or group housing facilities, counselling, therapy, and livelihood training and other available skill development programs.

Furthermore, it’s important to note that the law created a crucial policy shift in the approach of the State towards drug abuse. The law now requires regional, provincial, and tertiary hospitals to provide psychiatric, psychosocial, and neurologic services, one of which is to coordinate with drug rehabilitation centers vis-a-vis the care, treatment, and rehabilitation of persons suffering from addiction and other substance-induced mental disorders. This is a clear deviation from the punitive approach and a very welcome development towards rehabilitation of those determined to work towards re-integration and redemption.

Henry David Thoreau, one of the world’s most famous isolationists, said the mass of men lead lives in quiet desperation. This quote distills, in a sharp economy of words, how loneliness, anxiety, depression and pain can silently take over a person’s life even in the midst of good intention and concern. This law allows the benevolent arm of the welfare state to lift the burden from the shoulders of well-intentioned but ultimately, untrained employers, colleagues, family and friends and into the care of accessible experts who can understand and treat the desperate miasma that permeates the existence of those suffering from mental health conditions.

Lastly, on a personal note, this law is also a vindication. For my sister who is a high-functioning epileptic, and countless others like her who have broken through their own ceiling through sheer grit, courage and the stubbornness of parents who refuse to treat them differently. This law ensures that others will be given the same chance to thrive and be contributing members of society.

Help is finally on the way.

If you are (or a loved one or someone you know is) suffering from depression, anxiety and/or an immediate danger to yourself (or himself or herself), or to others, please reach out and call 24/7 HOPELINE at (02) 804.4673; (0917) 558.4673 or 2919.

#mentalhealth #mentalhealthlaw #RA11036 

Samantha L. Poblacion is a Senior Associate of Mata-Perez, Tamayo & Francisco (MTF Counsel). She is a corporate, deal, and litigation lawyer. The contents of the above article are intended for general information purposes only and do not constitute legal advice. If you have any question or comment regarding this article, you may email the author at info@mtfcounsel.com or visit MTF Counsel’s website at www.mtfcounsel.com.

From the The Manila Times Website on July 12, 2018

http://www.manilatimes.net/mental-health-in-the-philippines/418522/