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Type a law, a topic, a person or a province.

What it is

Bill to guarantee mental health rights and public care

Amendments step 3 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 10 September 2021. Introduced by: Grupo Parlamentario Confederal de Unidas Podemos-En Comú Podem-Galicia en Común.

Official title: Private member's bill on the General Mental Health Act

Source: Congreso de los Diputados, file 122/000158· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would guarantee universal access to mental health services through the National Health System, with no discrimination based on any personal or social condition, and special attention to vulnerable groups.
  2. It would recognize rights such as comprehensive care, autonomy, informed consent, shared decisions, advance decisions and the appointment of a reference person, plus protection against risky treatments and harm caused by medical care itself.
  3. It would set specific rights for children and teenagers, for women with mental health problems and for people with disabilities or at risk of exclusion, including a ban on preventive medicalization of minors and on forced sterilization of women.
  4. The bill would set maximum waiting time guarantees and minimum staffing ratios, with at least 18 psychiatrists, 18 clinical psychologists and 23 mental health nurses per 100,000 residents, to be reached gradually over four years.
  5. It would create a state suicide prevention protocol, with a free crisis phone line, a suicide data registry and specific training for health, education, emergency and media professionals.
  6. It would reduce coercion: it would push to eliminate mechanical restraint, restrict involuntary commitment to cases under an organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. with judicial authorization, and create a State Mental Health Center, a Participation Council and an Ombudsman for people with mental health problems in each autonomous community.

Who it affects

  • People with mental health problems: They would gain new rights in their care, such as deciding on their treatment and receiving full information.
  • Children and teenagers: They would receive specialized care and protection against preventive medicalization.
  • Women with mental health problems: They would get protection from sexist violence and, if they wish, support for motherhood.
  • Workers: The bill would require employers to protect workers' mental health as part of workplace risk prevention.
  • Health professionals and mental health services: They would have to adapt to new staffing ratios, time guarantees, training and registries.

Words worth knowing

Iatrogenia (iatrogenic harm)
Harm or worsening of health caused by medical care or its treatments themselves.
Contención mecánica (mechanical restraint)
Physically immobilizing a person with straps or other means to restrict their movement.
Documento de Voluntades Anticipadas (advance directives document)
A document where a person states in writing which treatments they accept or refuse in the future, if they can no longer decide.
Ley orgánica (organic law)
A type of Spanish law that requires special majorities in Congress and is reserved for key matters such as fundamental rights.
Consejo Interterritorial del Sistema Nacional de Salud (Interterritorial Council of the National Health System)
Body where the central government and the autonomous communities agree on how public health care is organized across the country.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 3 of 7 steps. It reached Amendments, and today it is unfinished.

  1. Introduced10 September 2021Someone registers the text in the Congreso.
  2. Admitted14 September 2021The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments8 October 2021Groups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Sept 2021Dec 2021Mar 2022Jun 2022Sept 2022Dec 2022Mar 202311. 10 September 2021: Presentación22. 14 September 2021: Boletín Oficial de las Cortes Generales Publicación desde 14/09/2021 hasta 17/09/202133. 14 September 2021: Calificación44. 17 September 2021: Gobierno Contestación desde 17/09/2021 hasta 17/09/202155. 17 September 2021: Pleno Toma en consideración desde 17/09/2021 hasta 28/09/202166. 28 September 2021: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 28/09/2021 hasta 05/10/202177. 5 October 2021: Comisión de Sanidad y Consumo Publicación desde 05/10/2021 hasta 08/10/202188. 8 October 2021: Comisión de Sanidad y Consumo Enmiendas desde 08/10/2021 hasta 30/05/202399. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

28 September 2021

How did the plenary vote?

More votes in favour 194 yes · 10 no · 140 abst.

Voted on: Private member's bill by the Confederal Unidas Podemos-En Comú Podem-Galicia en Común Parliamentary Group, on General Mental Health.

Source: Congreso de los Diputados, vote 2 of sitting 120· updated 11 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Socialista, Mixto, Ciudadanos, Gcup-ec-gc and GPlu. Against, most of Vasco (EAJ-PNV). 10 deputies voted differently from their group.

By province: in 29 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 29
  • Against: 0
  • Abstained: 14
  • Tie: 9
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
120 in favour
Vasco (EAJ-PNV)6
5 against · 1 did not vote
Mixto10
5 in favour · 3 against · 1 abst. · 1 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc35
35 in favour
GPlu12
7 in favour · 4 abst. · 1 did not vote
Popular en el Congreso88
85 abst. · 3 did not vote
VOX52
2 against · 50 abst.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.