SUBMISSION ON THE EXPANSION OF THE MENTAL HEALTH (CARE AND TREATMENT) ACT AS PART OF THE PROPOSAL TO DECRIMINALISE ATTEMPTED SUICIDE

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PPDFRC made a submission to the Ministry of Home Affairs and Ministry of Law in response to the call for public feedback on the proposed amendments to the Penal Code. PPDFRC welcomes the proposal to decriminalise attempted suicide. However, we are alarmed by the accompanying proposal to expand the Mental Health (Care and Treatment) Act, which authorises involuntary psychiatric hospitalisation. Such an expansion will widen the net of coercive psychiatry and render more people vulnerable to the serious and rampant human rights violations in the psychiatric system.

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Our Concerns

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The proposal to expand the Mental Health (Care and Treatment) Act violates Singapore’s obligations under the Convention on the Rights of Persons with Disabilities, which Singapore is legally bound to implement. Under the CRPD, involuntary psychiatric hospitalisation and other forced psychiatric interventions are absolutely prohibited, with the requirement that such prohibition is immediatley implemented. The CRPD Committee has repeatedly and consistently called for the repeal of all legislation that authorises involuntary hospitalisation and other forced psychiatric interventions.

Involuntary hospitalisation is not aligned with the latest World Health Organisation standards on approaching people who wish to take their own lives.

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The proposed amendments to the Mental Health (Care and Treatment) Act will also have implications for people in distress who have not attempted suicide. It will widen the net of coercive psychiatry and make more people vulnerable to the harms caused by forced psychiatric interventions.

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Corced psychiatric intervention has not been found to be effective. On the contrary, it increases the likelihood of suicide completion in the future.

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Humane, non-coercive approaches are possible. They can be found across the world, including in India, the Philippines, Kenya, European countries and the United States. 

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Our Recommendations

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In line with the express goal of aligning Singapore’s practices with global trends and best practices, we urge the State to adopt the following actions.

We support the Penal Code Review Committee’s proposal to:

• Repeal Section 309 of the Penal Code

We call on the State to align any changes to laws and practices with our country’s stated commitment to an inclusive society, and to honour Singapore’s obligations under the Convention on the Rights of Persons with Disabilities by:

• Ensuring that support for people who are planning to or who have attempted to take their own lives is offered on the basis of free and informed consent;

• Abstaining from expanding the Mental Health (Care and Treatment) Act, and instead work on its repeal;

• Taking a non-coercive approach when interacting with people who are planning to or who have attempted to take their own lives;

• Supporting the establishment of independent non-coercive, peer-controlled, and non-medical model-based alternatives to the mainstream mental health system, and subsequently ensure that people are informed of the existence of these alternatives;

• Recognising persons with psychosocial disabilities as persons with disabilities covered by the CRPD;

• Ensuring that all decisions relating to persons with psychosocial disabilities are made with our full and effective participation, including those of us who identify as survivors of psychiatry, that our views be centred and prioritised; and

• Ensuring that all laws, policies and practices are in conformity with the CRPD, which Singapore is State Party to and therefore legally bound to implement.

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