Plate 12Series IIILaw and policy
European mental health policy, in outline
Policy for mental health is made at several levels at once: world, region, nation. This plate sketches the main European documents and shows how two countries chose different paths.
- Plate
- 12 of 17
- Series
- III, Law and policy
- Reading
- 5 min
- Sources
- 7 opened and cited
- Updated
- 11 October 2026
On this plate (7 sections)
Mental health policy is not set in one place. A global health body agrees plans, a regional office adds its own, an international union has a limited role, and each country writes its own laws and runs its own services. This page outlines the main European reference points, places them next to the global framework, and compares Italy and England as two examples. It draws on official and scholarly pages opened in October 2026. Laws change and differ by country, so nothing here is advice about a person's own rights, and the editors treat Europe as one setting among several in the wider story told across this publication.
At a glance
- WHO European Region member states adopted a Mental Health Declaration and Action Plan in Helsinki in January 2005.
- The World Health Assembly adopted the global action plan in May 2013 and extended it to 2030 in 2019.
- EU countries hold primary responsibility for organizing health services; the EU's role complements theirs.
- Italy's Law 180 dates from 13 May 1978; England's Mental Health Act from 1983.
Helsinki, 2005: a regional declaration
The first WHO European Ministerial Conference on Mental Health took place in Helsinki, Finland, in January 2005. According to the WHO Regional Office for Europe's report on the conference, Member States of the WHO European Region met to tackle what it called the epidemic of psychosocial distress and mental ill health, and by adopting the Mental Health Declaration and Action Plan for Europe they set the course for mental health policy for the next 5 to 10 years. The Action Plan set out 12 areas of work.
These documents are political commitments by governments, not binding treaties. They shape priorities, funding debates and national plans, but whether services change depends on each country. The long tradition of reform behind such texts is traced in deinstitutionalization and community care.
The global frame: WHO's action plan to 2030
At world level, WHO states that the 66th World Health Assembly, made up of health ministers from 194 Member States, adopted the Comprehensive Mental Health Action Plan 2013 to 2020 in May 2013. The 72nd World Health Assembly extended it to 2030, and the 74th endorsed updates in 2021 that revised implementation options and indicators. Its four objectives were left unchanged: more effective leadership and governance for mental health; comprehensive, integrated mental health and social care services in community-based settings; strategies for promotion and prevention; and stronger information systems, evidence and research.
WHO also publishes the Mental Health Atlas, a periodic survey of countries' policies, laws, information systems, financing, workforce and services. The 2024 edition, published on 2 September 2025, is the seventh since 2001 and draws on data from 144 countries. It tracks progress toward the action plan's targets and covers the whole world, so it is a global picture.
What the European Union does and does not do
People often assume the European Union sets mental health law for its members. The European Commission's public health overview says otherwise: national governments hold primary responsibility for organizing and delivering health services and medical care, and EU health policy serves to complement national policies and ensure that health protection is considered across EU policy. In practice, then, detention law, service design and funding remain largely national choices, which is why the next two sections compare countries and not blocs.
Italy: Law 180 of 1978
Italy is often cited as a country that moved away from psychiatric hospitals. A 2024 article in History of Psychiatry by Valentina Badano explains that Law no. 180 of 13 May 1978 prohibited admitting new patients to asylums and building new psychiatric hospitals, and that it guaranteed patients' rights in line with the Constitution. It was later absorbed into the National Health Reform of 23 December 1978 (Law 833).
The same article warns against a simple story. It argues the law has often been wrongly attached to one man, the psychiatrist Franco Basaglia, when many people, parties and psychiatric groups shaped a compromise, and Basaglia himself was left dissatisfied with parts of it. The practical impact at first was minimal because services were not yet in place; closing every asylum took years; and regions managed their own funds, producing variations in the level of care. For the movements and critics in this period see asylum reform and its critics.
England: the Mental Health Act 1983
England took a different route, keeping a dedicated statute and revising it over time. The Mental Health Act 1983, described on the UK government's legislation site as an Act to consolidate the law relating to mentally disordered persons and dated 9 May 1983, has been amended since, so current text should always be checked there. The National Health Service (NHS) calls it the main piece of legislation covering the assessment, treatment and rights of people with a mental health condition.
The NHS page says a person can be detained, also known as sectioned, and that detained people have a right to see an independent mental health advocate, who can help them understand their rights and raise concerns. Appeals can go to the Mental Health Tribunal or hospital managers. The page was last reviewed on 18 March 2026. How to ask for that support is explained in how do I request an advocate, and the role of relatives is covered in family advocacy and the role of carers.
Comparing the examples, and limits of this outline
Placed side by side, the examples show that similar goals can lead to different laws. Italy's 1978 statute was tied to closing asylums; England's 1983 Act regulates detention and treatment and attaches procedural rights such as access to advocacy. Two countries are far too few to describe a continent. Outside Europe the same questions arise under different laws, as in the US parity framework and the human rights approach of the UN disability rights convention.
The short version
European mental health policy sits between a global WHO plan, a 2005 regional declaration and national laws that remain the real center of power. The EU complements national health systems rather than replacing them. Italy and England show two different legal routes, each with its own critics. For rights in a particular country, consult current national law or a qualified adviser.