Panama approves Mental Health Law
Panama, by means of law No. 364 of February 6, 2023, joins other countries in the region such as Colombia, Argentina, Uruguay, and Peru, which have legislation on mental health.
Mental health has currently gained relevance due to the declaration of a worldwide pandemic as a result of Covid-19, however, this issue has been and should continue to be treated at all times as a public health issue, which is why Panama seeks to ensure the right to mental health of the Panamanian population with this legislation.
Although it is true that Panama has multiple provisions and sanitary regulations related to mental health, however, the main objective of this provision is to develop the human right to mental health and guarantee its coverage and attention at a national level through promotion, prevention, and treatment, which is set forth in its first article.
This being so, the Panamanian State recognizes mental health as a human right for every person, without discrimination, and therefore recognizes in the fifth article a list of fifteen (15) rights that are applicable to all persons with mental health conditions, but in the same article it is indicated that the list will not be considered as minimum or excluding of other human rights that affect the fundamental rights and dignity of persons with mental health conditions.
Among the obligations arising from this legislation, is that the State must ensure universal access and coverage of mental health services, with a connotation of free public care services, without detriment to people who have the financial resources or private insurance coverage that can access private health centers of their choice.
Likewise, the State is committed to (i) to include and implement comprehensive mental health care in the integrated networks of public services, (ii) to implement an information system of community services, (iii) to promote the development of psychosocial rehabilitation programs, both at public and private level, (iv) to establish campaigns for prevention and treatment of mental health and the eradication of stigma associated with people with mental illnesses, and (v) to establish ambulance services for patients with acute crisis.
It is important to point out that this regulation has “two major restrictions”, which are that insurance companies may not discriminate against persons with mental health conditions when contracting a life or health insurance policy, and that the opening and operation of public or private asylums is prohibited.
Mental health care is of vital importance and has been evidenced with all the events closely linked to the declaration of emergency product of Covid-19, which gave relevance to the subject, but education and prevention are even more important, which is why we see with great pleasure, that public and private educational institutions of all academic levels, as well as governmental organizations and public entities to plan and carry out programs that promote mental wellbeing, prevention of mental deterioration and awareness of people with mental health problems and all this will be done with the necessary budgetary support to guarantee both the service for mental health care and compliance with this Law.
There is still much to be legislated on this matter, there being this law a great step, but the Executive Branch has the task of regulating this Law in a period of no more than six (6) months as of its enactment, which was last February 6, 2023.
