Remove involuntary lobotomy provisions from ACT mental health legislation

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The issue

 

 

We call on the ACT government to immediately abolish the provisions allowing involuntary brain surgery (i.e, psychosurgery including lobotomy) which is authorised under Part 9.3 of the Mental Health Act 2015 (ACT).  

 

These provisions are at s.167-169 of the Act.

These provisions are inconsistent with the:

• Principles for the protection of persons with mental illness and the improvement of mental health care, adopted 17 December 1991;

• Convention on the Rights of People with Disabilities(ratified 2008); and

• International Covenant on Civil and Political Rights(adopted 1966).
 

The psychosurgery process is separate to the regime around ECT (most State and Territory Acts allow involuntary ECT).

Involuntary neurosurgery including lobotomy (psychosurgery) is an unjust intrusion into a person’s privacy and is inhumane treatment.

Nearly every State, Territory and New Zealand has prohibited involuntary psychosurgery (WA excepted).

We urge the ACT government to urgently remove this unacceptable provision which breaches human rights and discriminates against persons experiencing mental distress.

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