The right to mental health 2017, para. 32

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Prior to the adoption of the Convention on the Rights of Persons with Disabilities, various non-binding instruments guided States in identifying their obligations to protect the rights of persons with disabilities in the context of treatment (see General Assembly resolutions 37/53, 46/119 and 48/96). While some of them recognized important rights and standards, the safeguards they contained were often rendered meaningless in everyday practice (see E/CN.4/2005/51, paras. 88-90, and A/58/181). As the right to health guarantees freedom from discrimination, involuntary treatment and confinement, it must also be understood to guarantee the entitlement to treatment and integration in the community. The failure to secure that entitlement and other freedoms is a primary driver of coercion and confinement.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Health
Person(s) affected
  • Persons with disabilities
Year
2017
Paragraph type
Other
Paragraph number
32