NCJ Number
43823
Journal
Australian and New Zealand Journal of Criminology Volume: 7 Issue: 1 Dated: (MARCH 1974) Pages: 17-21
Date Published
1974
Length
5 pages
Annotation
CULTURAL FACTORS INFLUENCING FORENSIC SITUATIONS IN PAPUA NEW GUINEA ARE DISCUSSED, AND RECOMMENDATIONS FOR MODEL MENTAL HEALTH LEGISLATION FOR DEVELOPING COUNTRIES ARE OFFERED.
Abstract
IN PAPUA NEW GUINEA, WHERE WESTERN AND INDIGENOUS LAWS BLEND, INDIGENOUS CUSTOM IS RECOGNIZED BY ORDINANCES AND REGULATIONS GOVERNING COURT PROCEDURES. CULTURAL FACTORS FREQUENTLY COME INTO PLAY IN FORENSIC SITUATIONS IN NEW GUINEA. OF PARTICULAR SIGNIFICANCE ARE INCEST TABOOS, CONCEPTS OF LAND RIGHTS AND OBLIGATIONS, AND INSTITUTIONS SURROUNDING RITES OF PASSAGE. NEW GUINEA'S NATIVE CUSTOMS RECOGNITION ORDINANCE IS CITED AS AN EXAMPLE OF A LAW BASED ON ANTHROPOLOGICAL PRINCIPLES. IT IS SUGGESTED THAT MEDICAL AND LEGAL RESEARCHERS WORK TOGETHER TO DRAW UP MODEL MENTAL HEALTH LEGISLATION CONTAINING BASIC PRINCIPLES APPLICABLE TO ANY DEVELOPING COUNTRY. IT IS FURTHER SUGGESTED THAT LAWYERS BE GIVEN THE OPPORTUNITY TO OBSERVE PSYCHIATRIC EXAMINATIONS OF PATIENTS WHO ARE INDIGENOUS TO NEW GUINEA. OF CONCERN HERE IS THE NEED FOR COOPERATION BETWEEN MEDICAL OFFICERS AND LAWYERS, AS WELL AS THE LAWYER'S ABILITY TO DISTINGUISH BETWEEN PSYCHIATRIC SYMPTOMS AND REFLECTIONS OF CULTURAL NORMS. THE NEED TO ESTABLISH AND PRESERVE THE HUMAN RIGHTS OF HOSPITALIZED MENTAL PATIENTS IN ALL MENTAL HEALTH LEGISLATION IS EMPHASIZED.