The 6 Fundamental Rights started at the 5 Fundamental Rights, a law passed in 1998 in Massachusetts and applying to any program contracted, operated or licensed by the Massachusetts Department of Mental Health (DMH). The first 5 rights (in brief) included the right to make and receive confidential phone calls, the right to send and receive unopened, uncensored mail, the right to have visitors at a time that is sufficiently flexible to meet the needs of the visitor and person visited, the right to have visits from attorneys, legal advocates, clinicians, clergy and the right to a humane environment. The 6th Fundamental Right, passed in 2015, was the right to fresh air.
There is now a move to update these rights. For example, there is a move to have the 'mail' section include e-mail, to ensure peer supporters have the same access as clinicians and to include access to disability accommodations and culturally relevant supplies for BIPOC and trans people. This effort to update also includes an accountability process to hold providers accountable when they violate these rights. Violations are commonplace in many facilities, particularly inpatient units.
