HUMAN RIGHTS Right of everyone to the enjoyment of the highest attainable standard of physical and mental health Heather Payne-Drakes.

HUMAN RIGHTSRight of everyone to the enjoyment of the highest attainable standard of physical and mental health

Heather Payne-Drakes

Human rights guarantee protection from harm and abuse, ensures freedom of expression and participation in society

The absence of these rights impacts on the mental health and well being of all persons

Role of Human Rights

Places Human Rights within a Legal Framework

Promotes the rights of persons with mental disabilities and provide individual governments with guidance for the development of mental health laws, policies, services and strategies.

United Nations: International Framework for Human Rights

Universal Declaration of Human Rights (UDHR)1948 International Covenant on Economic, Social and

Cultural Rights (ICESCR) 1966 International Covenant on Civil and Political

Rights(ICCPR) 1966

International Bill of Rights

Based on the premise that all persons are “born free and equal in dignity and rights” the UDHR enshrines the rights to equality before the law; right to employment; the right to education and the right to share in the social and cultural life of the community.

Bill of Rights - UDHR

ICESCR - Expand on the UDHR to underscore the economic, social and cultural rights of individuals

ICCPR - Right to freedom from inhumane and degrading treatment, the right to liberty and security, recognition as a person before the law, right to privacy and right to marry, freedom of thought, and religion among others

Bill of Rights - ICESCR & ICCPR

The Convention on the Rights of Persons with Disabilities reaffirms that the existence of a disability is not a lawful justification for any deprivation of liberty, including denial of informed consent

Persons with disabilities who are not able to exercise their legal capacity must be treated according to the standards acceptable for those with disabilities in equal circumstances

Highest attainable standard of physical and mental health

Adopted in 2006: Right to equality before the law and legal capacity, and

freedom from discrimination Right to liberty and security of person Informed consent Freedom from cruel, inhumane and degrading treatment The right to health, habilitation, and rehabilitation

UN Convention on the rights of Persons with Disabilities (CRPD)

CRPD supersedes the MI Principles which detailed the Right to medication Right to consent of treatment Review cases of involuntary admission and treatment Right to access to medical information Complaints, monitoring and remedies Mental health care in the community

UN Principles for the Protection of Persons with Mental Illness 1991

“All persons with a mental illness, or who are being treated as such persons, shall be treated with humanity and respect for the inherent dignity of the human person…There shall be no discrimination on the grounds of mental illness…”

MI Principles

• Legislation provides a legal framework to address human rights issues on a national level:– Protection against inhumane and degrading treatment– Integration of people with mental disorders into their

communities– Improving quality of care– Fostering Inter-sectoral linkages

Human Rights Enacted through Legislation

Access to information, including information about their basic rights

Confidentiality and privacy Humane mental health facilities Protection from cruel, inhumane, and degrading

treatment, including forced labour The option to communicate freely with friends, family

and others

Respecting the Rights of People with Mental Disorders

Poverty: Unemployment, limited educational opportunities, lack of food, shelter and access to healthcare

Stigmatization and discrimination: alienation, despair, loss of dignity and self worth

Restrictions in civil liberties: right to vote, to participate, freedom of expression

Human Rights Violations

The Inquiry found that people affected by mental illness are characterized as follows:

• Among the most vulnerable and disadvantaged in our community

• Suffer from widespread systemic discrimination

• Consistently denied the rights and services to which they are entitled

1993 Australian Inquiry into HR

2009 Report - On the right of everyone to enjoy the highest attainable standard of physical and mental health found that:

• Persons with disabilities often suffer from unjustified perception of being incompetent or dangerous to themselves or others.

• Such prejudices, coupled with existing laws and practices limit legal capacity, and often compromise their right to informed consent.

UN General Assembly, 64th Session: Special Report

People with mental disorders are vulnerable to violations both inside and outside the institution

Violations occur within their own communities and within the confines of their own homes

Preserving Human Rights Within the Family and Home Unit

Right to Employment Right to Education Right to Housing Right to Mental Health Care Right to General Health Care

Preserving Human Rights in the Society

Ensure that individuals are actively included in the community

Promote respect for home and family of all constituents

Ensure that educational opportunities are inclusive Reinforce the need for habilitation and rehabilitation Promote equal opportunity to work and employment

How can Community Leaders Advocate for Human Rights

Promote adequate standard of living and social protection for all

Facilitate participation in political and public life Facilitate participation in cultural life, recreation, leisure

and sport Become aware of stigma and discrimination in the

community and take concrete action to eliminate them

How can Community Leaders Advocate for Human Rights (2)

Promotes mental wellness Promotes prevention Improves access to treatment Protects the right of all to good health care

Stigma and discrimination diminishes the individual’s capacity to access appropriate care, to integrate into society, and to recover from illness

Absence of Stigma & Discrimination Promotes Health

Increased personal satisfaction Increased family satisfaction Increased community satisfaction Social, cultural, political, economic entities

responding to the needs of individuals, families and the community & actively advocating for the human rights of all

Highest attainable standard of physical and mental health

HUMAN RIGHTSRight of everyone to the enjoyment of the highest attainable standard of physical and mental health

“…There shall be no discrimination on the grounds of mental illness…”