What rights do people with mental illness have under the law?

People with mental illness in Virginia have rights under the law that are protected by state and federal laws. The Americans with Disabilities Act (ADA) protects people with mental illness from discrimination in public services, including public education and employment. Additionally, the Individuals with Disabilities Education Act (IDEA) ensures that students with mental illness have access to a free, appropriate public education. In the criminal justice system, people with mental illness have the right to a fair trial, to assistance from a lawyer, and to assistance in understanding the proceedings. Virginia restricts the use of the death penalty for people with mental illness, and certain psychiatric facilities must follow certain procedures in order to involuntarily commit someone. Additionally, the Virginia Supreme Court has held that individuals with mental illness cannot be involuntarily medicated against their will. Virginia has also established the Mental Health Services Act, which ensures that mental health treatment programs and services are available to individuals with mental illness. These services include access to care and treatment, peer support, and community-based programs. The Virginia General Assembly also passed a law that encourages businesses to establish mental health assistance programs for their employees. This law provides incentives for businesses that offer mental health assistance programs, including tax credits and grants. Overall, people with mental illness in Virginia have a variety of rights and protections under the law that ensure they can access appropriate care and treatment and be treated fairly and without discrimination.

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