Human right is the right of freedom to which every human being are entitled. It often held to include the rights to life and liberty, freedom of thought and expression and equality before law. (American heritage 2016). …show more content…
This can also mean an absence of mental disorder. The statistic shows that approximately 14% of Australian will be affected by an anxiety disorder in any 12 month period and about 3% of Australians are affected by psychotic illness; such as schizophrenia, where there is a loss of contact with reality during episodes of illness. In 2010, the Australian institute of health and welfare states that one third of the prisoners entering jail are already diagnosed with mental illness. In the case of ‘ P J B V MELBOURNE HEALTH & ANOR (PATRICK’S CASE)’ Patrick was a 58 year old man who had been in the involuntary of the Melbourne Health hospital, with the help of medication he wanted to go back to the home in the Melbourne. Due to the hospital wanting to move him to a supported accomodation in a hostel in which he opposes, the hospital thinking that the move would likely to be successful if patrick did not own his house any further. The hospital took action upon the …show more content…
It decided that nevertheless the judgements about his estate is but it would not be separated from where its in his best interests to live and would probably sell Patrick’s home, and rejects his brother decision. In the court Patrick appealed an order by VCAT appointing an unlimited administrator who may sell his home against his wishes on the basis that it infringed his human rights under the Charter go Human Rights and Responsibility Act 2006(vic). The tribunal commenced the rehearing application in September 2009. The parties were Patrick, Melbourne Health and State Trustees. The proceeding was adjourned to enable patrick to obtain independent psychiatric assessment and Melbourne Health to update its existing assessments. the tribunal was not satisfied that the existing reports addressed the question of patrick’s capacity to manage his financial affairs. the final hearing was held on 19 February 2010. This outcome was appropriate due to the facts that Patrick got to have his own independent and he can go to the hospital anytime he wants to to get assess and