Mental Health, Human Rights & Legislation

New Diploma in Mental Health, Human Rights and Legislation

A GLOBAL HUMAN RIGHTS EMERGENCY IN MENTAL HEALTH

We are facing a global human rights emergency in mental health. All over the world people with mental disabilities experience a wide range of human rights violations.

Harrie Timmermans/Global Initiative on Psychiatry Time to end the abuse

In many countries people do not have access to basic mental health care and treatment they require.

In others, the absence of community based mental health care means the only care available is in psychiatric institutions which are associated with gross human rights violations including inhuman and degrading treatment and living conditions.

Even outside the health care context, the stigma and misconceptions associated with mental disabilities means that people are marginalized and ostracized from society.

They are excluded from community life and denied basic rights such as shelter, food and clothing, and are discriminated against in the fields of employment, education and housing due to their mental disability. Many are denied the right to vote, marry and have children. As a consequence, many people with mental disabilities are living in extreme poverty which in turn, affects their ability to gain access to appropriate care, integrate into society and recover from their illness.

These violations are not just an issue for developing countries. Many of the abuses are also occurring in developed countries

THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES - NEW HOPE FOR RIGHTS PROTECTION

People with mental disabilities have the same rights as everybody else. The international human rights framework, which creates legally binding obligations on governments to respect, protect and fulfill human rights, apply to all people including people with mental disabilities.

In 2008 the UN Convention on the Rights of Persons with Disabilities (CRPD) came into force. The Convention sets out a wide range of rights including, among others, civil and political rights, the right to live in the community, participation and inclusion, education, health, employment and social protection. Its coming into force marks a major milestone in efforts to promote, protect and ensure the full and equal enjoyment of all human rights of persons with disabilities.

Concrete action needs to be taken at international and national level to prevent human rights violations and promote these rights. In accordance with international human rights law, governments should:

• IMPROVE access to good quality mental health care
• RESPECT the rights of users of mental health services to confidentiality and access to information
• INCLUDE service users in decision making processes
• PROTECT against torture, cruel, inhuman and degrading treatment
• PROVIDE a safe and hygienic environment
• PROMOTE voluntary admission and treatment including free and informed consents

WHAT CAN BE DONE?

Raise awareness and advocate for change

Violations often occur behind closed doors and go unreported - unless people know that they are going on, action cannot be taken to stop them. International and national organizations working in the interest of people with mental disabilities, including service user organisations, need to bring these violations to the world's attention, and call for action to end them. WHO works to raise awareness and advocate for the rights of people with mental disabilities and collaborates with international organizations to disseminate international human rights standards.

Develop mental health policies and laws that promote human rights

Mental health policies and laws are absent or inadequate in most countries of the world and yet they are critical to improving conditions for people with mental disabilities.

Create mechanisms to monitor human rights conditions

Many people with mental disabilities are assumed to have no capacity to make decisions for themselves and are therefore being detained and treated in psychiatric institutions unjustifiably and against their will, where they are being treated appallingly and inhumanely.

Train key stakeholders on the rights of people with mental disabilities

All people and professionals who have an impact on the lives of people with mental disabilities should receive training on human rights issues. Training needs to be provided to:

• People with mental disabilities themselves as well as their families - so that they can claim their rights;
• Health and mental health professionals - so that they understand the rights of their patients and apply these in practice;
• The police force who are in daily contact with people with mental disabilities;
• Lawyers, magistrates and judges who make important decisions concerning the lives of people with mental disabilities.

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