China: The Implementation of the United Nations Convention on the Rights of Persons with Disabilities in Mental Health Services

The Convention on the Rights of Persons with Disabilities (2006) (CRPD) has been in force in China since 2008. Multiple mental health-related laws and regulations have been initiated and shaped following the principles of the CRPD. This chapter aims to assess the extent to which the provisions of relevant laws and regulations are implemented in relation to the CRPD in China. This chapter begins with an overview of current mental health services for persons with disabilities related to mental illness in China. In brief, the country suffers from a significant burden of mental disorders, and there are insufficient mental health resources and a lack of mental health services in need. The shift from a biomedical service model to an integrated bio-psycho-social service model has yet to be completed. This chapter discusses the legal and regulatory safeguards for guardianship, involuntary treatment, rehabilitation and employment for people with mental disorders. Their fundamental rights are emphasized and protected by China’s Mental Health Act 2013, the General Rules of the Civil Law of the People’s Republic of China, the Civil Code of the People’s Republic of China, as well as related provisions and norms. Suggestions of response strategies on how to better meet the criteria of the CRPD and improve the mental health services for people with mental disorders and disabilities resulting from impairments caused by mental disorders are subsequently discussed.