Mental health and human rights

SSRN Electronic Journal, 2000

Indian Journal of Psychiatry, 2013

Background: Human rights violations among the people with mental illness were not an uncommon occurrence. The present study was aimed to compare persons with psychiatric illness and their caregivers' perceptions regarding the human rights status of people with mental illness in the community. Materials and Methods: A descriptive design was carried out among randomly selected asymptomatic psychiatric patients and their caregivers (N=200) at a tertiary care center. Data was collected through face-to-face interview, using a structured questionnaire. Data was analyzed and interpreted using descriptive and inferential statistics. Results: Our findings revealed that the caregivers than psychiatric patients perceived negatively to the statements i.e., 'Receiving equal information and encouragement about career opportunities' (χ 2 =10.779, P<0.029), 'Opposing discriminatory actions, slurs' (χ 2 =9.472, P<0.050) 'Resolving the conflicts with people with mental illness through nonviolent ways' (χ 2 =27.091, P<0.000), 'Responding to the complaints of harassment or discrimination against the people with mental illness' (χ 2 =18.697, P<0.001), 'Encouraged to continue their education' (χ 2 =13.029, P<0.023) 'Exploitation by the community members' (χ 2 =18.653, P<0.001) and working under fair conditions (χ 2 =13.470, P<0.009). Conclusion: The study suggests that there is an urgent need to take necessary steps to protect, promote, and fulfill human rights of people with mental illness through providing care, educating the community, and strengthening the legislations.

Psychiatry Psychology and Law, 2011

2008

I argue that the right to mental health should be viewed as a universal human right and that the United Nations Convention on the Rights of Persons with Disabilities (CRPD), as an international standard, protects it because it places a positive duty on states to actively promote the mental well-being of its citizens for the purpose of preserving their dignity and allowing them to flourish. I begin by discussing the discrimination that persons with psychiatric disabilities experience, including the systemic barriers and lack of mental health resources which impact the quality of their lives. Because flourishing and dignity are interconnected, protecting the rights of persons with mental illnesses is important because the possession of good mental health provides a firm basis for securing other basic human rights. Consequently, I maintain that the main advantage of a human rights approach for securing the right to mental health is that human rights is the only source of law which is accepted without qualification. I then look at three objections against the CRPD and the idea of the universal right to mental health as a socio-economic entitlement. Finally, I demonstrate how the CRPD can overcome these criticisms and offer suggestions on how states can implement the CRPD into their domestic mental health legislation.

2002

This study sought to develop an understanding of the ways in which rights are conceived of and made use of by people diagnosed with mental illness. This research sheds light on the processes involved in actualising rights in the lives of people diagnosed with mental illness. It focuses on the experiences of people diagnosed with mental illnesses living in the community.

Journal of Advanced Nursing, 2002

2010

"An overview of literature was conducted on the 'right to health' for people with a mental illness, with a main focus on physical health. This included a review of key online databases for articles on the 'right to health', conducted for 2000-2010. This paper provides evidence on the poor health status of people with mental illness. It then considers international human rights legislation and their context, including tensions presented by mental health legislation in terms of human rights. Dimensions of the 'right to health', issues and obstacles to fulfilment of the 'right to health', and opportunities and obstacles in the Australian context are explored. There are many barriers to the recognition of right to health for the mentally ill. However, the new UN Convention on Persons with Disability offers some hope for the 'right to health' to be considered through legislative review and national policy."

Global Mental Health, 2015

Background.Around the world, reports regularly expose persistent and systemic human rights violations of patients in mental health services and facilities, and of those who are unable to access needed supports. A number of factors contribute – political will; the range and quality of services available; public and professional attitudes to mental health; stigma; health professionals’ training and expertise; and available resources.Methods.This paper examines one of the main determinants, the legal framework. This sets the parameters for mental health policies and services and for applicable human rights norms and standards that can be realized in practice.Results.We provide an overview of international human rights instruments in relation to mental health disabilities, and of the major human rights violations in this area. Key implications for mental health law reform are drawn with a particular focus on discrimination and coercive interventions. The major challenges posed by the UN...