Restrictive measure reduction in psychiatric wards: A snapshot of China's mental health law reform under the new era of disability rights convention

Abstract

This article examines the reasons behind the limited impact of China's mental health law reform in 2013 on reducing the use of restrictive measures in mental health services, focusing on the analysis of case law from Chinese courts. The analysis of collected rulings from the official database indicates that Chinese courts have adopted a lenient approach in scrutinizing the application of restrictive measures. Furthermore, the interpretation and application of the provisions related to restrictive measures in the law have led to service providers being held liable in numerous cases for not implementing such measures. Based on these findings, the article offers policy recommendations.

Keywords: Mental Health Law in China; QualityRights; Restraint; Seclusion; UNCRPD.