Chang’s Struggles After Mining Accident
Chang’s life took a drastic turn shortly after he finished school. He was injured by a mine cart in the deep pits of Anhui province, which abruptly ended his brief career as a coal miner. Since the accident in 1999, he has navigated a life altered by limitations set by his former employer in Huainan, a coal-rich city. Fast forward to 2024, and he found himself back in a hospital, but this time it was the mental health ward.
In June, Chang protested outside his old workplace, seeking an increase in his disability allowance. He was detained for 22 days. “I faced over 20 days of humiliation there. No phone. They took my belt and shoelaces,” he recounted in a recent interview with Chinese media. During his confinement, he was compelled to take medication and was restrained to a bed for several hours daily. After three weeks, he faced an eight-day administrative detention for ‘causing issues.’
Chang’s situation gained traction on social media, with nearly 40 million related hashtags appearing on Weibo since the news broke in April. A commentator raised a concerning point: “How can ordinary folks prove they’re sane when even the law can’t stop mental illness diagnoses?” The existing power structures, they argued, create a climate of fear, where any dissent can lead to stigmatization.
Chang’s experience isn’t isolated. Even after the introduction of China’s progressive mental health law over a decade ago, cases of involuntary hospitalization are still prevalent, undermining the civil rights of those affected. Observers note that many victims feel trapped by a system that hasn’t fundamentally changed.
In 2018, while living with his parents and pursuing a vocational program in car repairs in Xi’an, Chang participated in a small protest related to compensation for urban village demolitions. He and others were quickly arrested, leading to his confinement in a mental hospital, where he was restrained and forced to take medication. “I would hide the pills in my cheeks and spit them out later,” he remembered. His family, reportedly coerced by police claims about his non-binary identity, agreed to his treatment under duress.
A System Open to Abuse
China’s Mental Health Act permits authorities to detain individuals termed “troublemakers” without consent. If deemed a threat to themselves or others, involuntary hospitalization can occur. While some nations have similar laws, the lack of oversight in China raises concerns about potential abuse. A recent BBC survey pointed out that criticizing the Communist Party could lead to a psychiatric diagnosis.
Huang Xuetao, an attorney focused on mental health rights, argues that the law needs reform to safeguard individual rights. He believes society must challenge the perception that mental disorders justify stripping away civil liberties. Until a fundamental shift occurs, those entrenched in the system will continue to violate rights.
Another individual, Zhang Youmiao, faced multiple detentions, the last being for 15 days without parental consent. A compassionate doctor hinted at the possibility of seeking political asylum, a notion that hadn’t crossed Zhang’s mind. “I just thought I was advocating for my rights,” Zhang shared.
Legally, if someone is hospitalized involuntarily, they should have a formal mental disorder diagnosis. Chang, however, received no such documentation during his hospital stays. While records were missing, he does have other evidence supporting his account.
Chang was too fearful to formally complain about his treatment. “I didn’t want to go through that again. I started questioning my own sanity,” he admitted.
In 2023, Chang left China and is in the process of applying for asylum abroad.
Demanding Accountability
Others are also pushing for accountability in the system. Over 100 individuals sought legal action related to involuntary hospitalizations between 2013 and 2024. In one case, Zeng Yuan, a lawyer from Shenzhen, sued the local Public Safety Bureau after being sectioned post-conflict with police. Despite the local health board dismissing her diagnosis as unsupported, Zeng lost her case.
Representing herself, Zeng noted the substantial challenges victims face in finding legal representation against government entities. Organizations like Huang’s NGO attempt to provide legal help funded through donations, but strict foreign funding laws hinder their efforts.
In light of their experiences, some victims turn to the court of public opinion. After Chang’s story circulated in the media, local officials indicated they would investigate. Zeng has taken to WeChat, hoping that public pressure might eventually lead to a reversal of her court’s decision. “Why should I stay silent about the wrongs I’ve endured?” she asked. “I refuse to swallow my anger.”
As of now, neither the Chinese Ministry of Public Safety nor the National Health Commission has responded to inquiries.
