A/HRC/RES/36/13
Reaffirming further that everyone has the right to life, liberty and security of person,
the equal right to live independently and be included in the community and the right to
equal recognition before the law, and that no one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment,
Recalling the general principles reflected in the Convention on the Rights of Persons
with Disabilities, namely respect for inherent dignity, individual autonomy and
independence, and full and effective participation and inclusion in society,
Reaffirming the right of everyone to the enjoyment of the highest attainable standard
of physical and mental health, and emphasizing that mental health is an integral part of that
right,
Taking note of the work of the treaty bodies in relation to issues of mental health and
human rights, including in the context of their general comments, in particular Committee
on the Rights of Persons with Disabilities general comment No. 5 (2017) on living
independently and being included in the community,
Reaffirming the right of everyone to be guaranteed the full enjoyment of their human
rights and fundamental freedoms, without discrimination of any kind,
Deeply concerned that persons with mental health conditions or psychosocial
disabilities, in particular persons using mental health services, may be subject to, inter alia,
widespread discrimination, stigma, prejudice, violence, abuse, social exclusion and
segregation, unlawful or arbitrary institutionalization, overmedicalization and treatment
practices that fail to respect their autonomy, will and preferences,
Equally concerned that such practices may constitute or lead to violations and
abuses of their human rights and fundamental freedoms, sometimes amounting to torture or
other cruel, inhuman, or degrading treatment or punishment, and conscious that greater
commitment is needed to address all remaining challenges in this regard,
Recognizing the need to protect, promote and respect all human rights in the global
response to mental health-related issues, and stressing that mental health and community
services should integrate a human rights perspective so as to avoid any harm to persons
using them and to respect their dignity, integrity, choices and inclusion in the community,
Concerned at the instances of multiple, intersecting and aggravated forms of
discrimination, stigma, violence and abuses that affect the enjoyment of human rights in the
context of mental health, and recalling how important it is for States to adopt, implement,
update, strengthen or monitor, as appropriate, laws, policies and practices to eradicate any
form of discrimination, stigma, violence and abuse in this regard,
Recognizing the particularly important role that psychiatry and other mental health
professions should have, alongside, inter alia, government institutions and services, actors
within the justice system, including the penitentiary system, civil society organizations and
national human rights institutions, in taking measures to ensure that practices in the field of
mental health do not perpetuate stigma and discrimination or lead to violations or abuses of
human rights,
Acknowledging that the Convention on the Rights of Persons with Disabilities laid
the foundation for a paradigm shift in mental health and created the momentum for
deinstitutionalization and the identification of a model of care based on respect for human
rights that, inter alia, addresses the global burden of obstacles in mental health, provides
effective mental health and community-based services and respects the enjoyment of legal
capacity on an equal basis with others,
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