Abstract:
This paper provides a legal analysis of students' right to mental well-being in higher
education, emphasizing institutional responsibilities amid escalating mental health crises. It explores
whether universities hold legal duties under human rights conventions, tort law, negligence principles,
and education statutes to safeguard student psychological health, beyond mere welfare provisions.
Utilizing a qualitative doctrinal methodology, the study systematically reviews international and
domestic legal frameworks, landmark case law, institutional policies, ethical guidelines, and
implementation challenges. Key issues addressed include the evolving recognition of mental health as
protected right, accountability deficits in resource allocation, conflicts between privacy and duty of
care, and systemic gaps in policy enforcement.
The central argument posits that higher education institutions bear a proactive legal obligation to
mitigate foreseeable mental harm through comprehensive support systems, staff training, and
transparent oversight. Ethical tensions and practical barriers are critiqued, revealing the need for
reform.
Recommendations advocate mandatory mental health policies, judicial precedents for accountability,
and interdisciplinary policy integration to foster a rights-based institutional culture.
