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oT pic: The mental health system as a target of transitional justice:
Mental Health reform in post-communist Albania
voluntary and involuntary treatment and mechanisms to oversee involuntary admission and
treatment practices, law enforcement and other judicial system issues for people with mental
illness. However, the implementation of the Mental Health legislation is incomplete, due to the
inappropriate infrastructure (health, social and legal) that should further foster the protection of
the rights of the mentally ill and enhance their social inclusion.
The implementation of the first law was a challenge because it required both human and financial
resources towards a human rights approach. For the first time, a multidisciplinary team was
initiated, beside the psychiatrist and nurse. Psychologists, social workers, and family doctors were
part of the mental health system, which went from hospitalization towards deinstitutionalization.
This meant a community-based treatment and rehabilitation of patients, where family and
community members would play an active role and support them. At the early stages of this
model’s application, community and families weren’t prepared to manage this responsibility,
due to lack of education and also stigmatization, related to mental health disorders.
From the year 2000, in Albania, the impact of international organizations such as the World
Health Organization and also national actors have affected the development of the mental
health system. Decentralization and deinstitutionalization are policies that project the progress
of community care. Community care means offering therapeutic relations, rather than isolated
therapeutic actions. Community care is continuity and responsibility in the care provided
near the living environment, use of resources that offers community, inclusive orientation:
multidisciplinary, participatory and coordinated.28
Currently, mental health problems in Albania are treated in a specialized way in 13 Supported
Homes, 10 Mental Health Community Centers, 4 specialized mental health services with beds
and 2-day centers. Education and fighting the stigmatization are efforts to provide acceptance
in society of mental health issues. Mental health is not merely a health or medical concern, it is
very much a matter of human rights, dignity, and social justice. Users of mental health services,
persons with mental health conditions and persons with psychosocial disabilities are positioned
at the confluence of many vulnerabilities, particularly those arising from poverty, stigma,
discrimination, social isolation and segregation.
In the post-communist Albania, mental health system addresses two approaches towards an
inclusive health care:
1. The first approach is towards the rehabilitation of victims of the communist regime. These
people have experienced mental health trauma, violence and abuse in the communist regime.
They deserve acknowledgment, treatment with dignity and should benefit from preventive,
curative and palliative health services.
2. The second approach is the addressing the human rights situation of mentally ill people,
which requires the protection of their autonomy and dignity as well as the other human rights
guaranteed by national laws, international legislative bills, and conventions.
The United Nations claim that States have the primary obligation to protect and promote human
rights. The right to health is relevant to all States: every State has ratified at least one international
human rights treaty recognizing the right to health. Albania has undergone through a harsh
dictatorial regime and transition process. This increases responsibility of State towards the right
of health, as a national obligation to ensure an accessible health care for its citizens, but also
protection of their dignity and freedom, as a contribution from the past legacy and accountability.
28. Ministry of Health (Albania), Political document and plan of development action of health services mental in Albania,(Shteti
Web, 2003).
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