Argentina Senate advances Mental Health Law reform

The Argentine Senate has advanced a major reform of the National Mental Health Law after reaching a consensus on a majority report. The reform, pushed by the La Libertad Avanza party, aims to modify the existing 2010 legislation rather than repeal it.

A central pillar of the proposal is the modification of criteria for involuntary commitment. The current requirement of “certain and imminent risk” would be replaced by a situational assessment of “serious risk of harm to the life or physical integrity” of the individual or others. This change allows professionals to intervene based on preventive measures and anticipated behaviors rather than waiting for an immediate crisis.

Key provisions of the agreement include:

• Maintaining the prohibition of large-scale psychiatric institutions (manicomios). • Expanding the scope of the law to include all addictions, such as gambling disorder (ludopatía). • Establishing financial assistance mechanisms for provinces. • Allowing involuntary commitments to be authorized by a physician and confirmed by an interdisciplinary team.

The reform has faced debate regarding the vagueness of the new risk criteria and the necessity of robust judicial and provincial oversight. The Senate intends to debate the project in a session scheduled for October 22.