Mental Health, Human Rights

1
Mental Health, Human Rights the Law

• Camilla Parker, Mental Health Human Rights
  Consultant
• Open Society Mental Health Initiative (MHI)
• May 2005

2
Human Rights Instruments

• Universal Declaration of Human Rights (1948)
• European Convention on Human Rights (1950)
• European Social Charter (1961, revised 1991)
• International Covenant of Civil Political
  Rights (1966)
• International Covenant of Economic, Social
  Cultural Rights (1966)
• Convention against Torture and Other Cruel,
  Inhuman or Degrading Treatment or Punishment
  (1984)
• Charter of Fundamental Rights of the European
  Union (2000)

3
Why are Human Rights Important?

• Governments have agreed to respect promote our
  human rights
• Human rights belong to everyone
• Our human rights can only be limited in clear
  cases where there are very good reason for this
• They must be taken into account when developing
  mental health policy legislation to support
  such policy

4
The situation of people with mental
disabilitiesin CEE fSU

• For far too long disabled people have been denied
  their rights
• Human rights abuses in institutions
• People living at home are often excluded too

5
Human Rights Highlight the Need for Change

• UN Standard Rules on the Equalization of
  Opportunities for Persons with Disabilities
• UN Principles for the Protection of Persons with
  Mental Illness
• EU Charter of Fundamental Rights
• EU Action to combat discrimination

6
The Right to Community Integration and people
with mental disabilities

• Supports dignity, autonomy, equality, and
  participation in society
• Helps prevent institutionalization
• An important strategy in breaking down stigma and
  discrimination against persons with mental
  disabilities

7
Key Goals Equal Citizenship Social Inclusion

• Equal Citizenship be able to exercise the same
  rights as everyone else
• Social inclusion have the same opportunities as
  everyone else to have choice in their daily
  lives, to be independent and participate fully in
  their communities

8
Principles for reform

• Ensure respect for rights and freedoms
• Protect against discrimination
• Promote personal autonomy and independence
• Provide care on the basis of individual need
  wherever possible provide community-based
  services
• Uphold least restrictive principle
• Address barriers to social inclusion
• Enable participation

9
The Role of Legislation Protection of Rights

• Defines limited circumstances where compulsion
  may be justified
• Ensures safeguards if compulsion used, including
  independent review of detention
• Outlaws unfair discrimination
• Limits substitute decision-making only if person
  unable to make that decision

10
The Role of Legislation Services

• Provides for support to meet individuals
  assessed needs
• Establishes legal financial mechanisms for
  community-based care and set out agencies
  responsibilities for the planning delivery of
  services
• Requires involvement of service users families
• Establishes complaints procedures and powers of
  monitoring inspection bodies to take action
  against poor care and/or abuse

11
But Legislation NOT enough!

• Training to workforce
• new laws and best practice
• mental health and disability issues
• Provide information on new laws
• Develop public awareness campaigns
• Involve people with mental disabilities their
  families in monitoring reviewing services