[Law and mental health (goals achieved and pending challenges in Spain). SESPAS report 2020]

After the approval of the Constitution there have been major improvements on the juridical status of the patient in general and specifically of the mental kind. Nevertheless the regulation of the rights regarding the mental patients has been less thorough. Consequently there are significant deficiencies regarding this matter, being the existing regulations minimal, those which do not take on account the most relevant international reference tools. With the approval of the New York Convention major legal reforms have been introduced regarding the sensory and physically handicapped. However not the same has happened with the case of those with mental conditions. On this subject exists a sizable delay on the adaptation of our juridical application to this Convention. Furthermore major problems arise for its implementation. This changes the traditional assistance model (towards rehabilitation) for the social model and uses new concepts brought by the Convention (legal capacity) which do not coincide with other ones characteristic of the Spanish legislative tradition. The interpretation of the Convention done by the Committee on the Rights of Persons with Disabilities adds difficulties to validate our regulation to the Convention. With all this in mind it is clear to see that there are many challenges to take on the future, being necessary for this the implementation of a previous rational dialogue.