Kendra’s Law — Five More Years?

May 7, 2010 at 9:41 am 1 comment

Kendra’s Law, a controversial New York state law enacted in 1999 under the Mental Hygiene Law, is due to sunset in June. If you hear about it from both sides enough, it’s easy to overcomplicate things and muddy the waters but what it really comes down to is that Kendra’s Law enables the state to drug people who they think might become criminals. Kendra’s law is in place solely to allow the forced treatment of people deemed mentally ill using fear of violence, however unfounded, as its leverage. It enables the state to strip people of their rights based on a diagnosis. Last I knew, the constitution (at least on paper) applied to all of us and not just those the state deems mentally qualified to share in the rights it’s meant to guarantee. That is a very scary path to be on and make no mistake — we are on it.

While its future is unclear, Kendra’s Law might very well be extended for another five years but not without a fight from a grassroots organization (no, not that one — a real grassroots organization) formed to protect the rights of people regarded as mentally ill — We The People. I, for one, hope they are able to help turn things around. They’ve been making their presence and stance as advocates for rights in mental health known and are taking part in meetings with Assemblyman Felix Ortiz in an effort to help restore the rights and dignity of New Yorkers.

From the Legislative Gazette:

Bill opponents, such as We The People, a group describing themselves as survivors of psychiatric atrocities in the mental health system, said this bill would extend the reach of the law to further encroach upon the civil rights of those from lower socioeconomic backgrounds unfairly labeled as “mentally ill.” Especially, they said, because it removes a provision that requires a physician to testify at the court hearing.

We The People want another woman to be remembered besides Kendra — Esmin Elizabeth Green, a mother of six who suffered from depression. She collapsed on the waiting room floor of the psychiatric ward in Kings County Hospital Center in June 2008. She died soon after, unattended and unnoticed by hospital staff.

This incident is just one example of the mistreatment of the mentally ill, law opponents say, because the assisted outpatient treatment system amounts to coercion, oppression and “torture.”

I’m not sure why the author felt the need to put torture in quotes. It reads like undue editorializing to me — as if to say it’s a stretch to call it torture. There’s a reason there’s a survivor movement and it’s not because the system has a healthy way of dishing out a healthy version of care. These drugs wreak havoc on your body, alter your mind and take you over in so many instances and in so many ways.Of course, once you become someone for whom force is considered an option, these things are just details, secondary to your being kept under control. Force does something sinister that rights and law can’t quite touch. Where you were once a person worthy of care, you become a problem to be solved.

Lauren Tenney, a coordinator of We The People, said, “They designed this [assisted outpatient treatment] to make it sound nicer. It was designed to fool the public to make people think it stops people from killing people, but they’re just getting drugs and no support. The research is entirely flawed.”

AOT should be referred to as IOC, she said, involuntary outpatient commitment.

She said the law is coercive and denies people their civil rights because it forces people into taking psychotropic drugs without their consent and does not provide the proper therapeutic support.

“I’ve seen people tortured and dead from their medication,” said Tenney.

If you have something to say, sign on to add your name and voice to the action We the People are taking. Contact Assemblyman Ortiz directly. Time is limited. Do you really want the kind of guy who wants to ban salt in restaurants making decisions regarding your mental health rights? Probably not, but that’s the situation. Don’t let it happen while you sit quietly. If you think you’re out of reach because you don’t live in NY, think again. Forced treatment laws are being introduced or strengthened all over. This is not just an issue of mental health rights but basic human rights and civil liberties. Drugging to prevent crime? That’s one step too far and a decade too long.

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1 Comment

  • 1. dogkisses  |  May 7, 2010 at 11:30 pm

    Hello!
    I’m glad to have visited your blog and saw the link you provided. It is very scary! I wish we could move to a different country. That is what I would do if I could. Take my son and dogs and go very far away. And maybe I will one day. Do you know where we would be safe? I’m serious!
    As always, thanks for your work in this blog. I’ve been way under the weather. My brain is slow and communication has been difficult.
    Didn’t want you to think I had forgotten your blog though.
    Thank you again!
    dogkisses.


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