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The right to mental health 2017, para. 33
- Paragraph text
- The Committee on the Rights of Persons with Disabilities emphasizes full respect for legal capacity, the absolute prohibition of involuntary detention based on impairment and the elimination of forced treatment (see A/HRC/34/32, paras. 22-33). That responds to the inadequacy of procedural safeguards alone, requiring sharpened attention to non-coercive alternatives and community inclusion to secure the rights of persons with disabilities. Within that evolving framework, not all human rights mechanisms have embraced the absolute ban on involuntary detention and treatment articulated by the Committee. They include the Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see CAT/OP/27/2), the Committee Against Torture and the Human Rights Committee. However, their interpretation of exceptions used to justify coercion is narrower, signalling ongoing discussions on the matter. Notably, in the United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court, the Working Group on Arbitrary Detention supported the provisions of the Convention on the Rights of Persons with Disabilities with regard to safeguards on the prohibition of arbitrary detention (see A/HRC/30/37, paras. 103-107).
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 93e
- Paragraph text
- [To ensure that social and underlying determinants for the promotion of mental health for all are addressed, the Special Rapporteur recommends that States:] Take immediate steps to eliminate the corporal punishment of children and their institutionalization, including children with disabilities.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 13
- Paragraph text
- Public policies continue to neglect the importance of the preconditions of poor mental health, such as violence, disempowerment, social exclusion and isolation and the breakdown of communities, systemic socioeconomic disadvantage and harmful conditions at work and in schools. Approaches to mental health that ignore the social, economic and cultural environment are not just failing people with disabilities, they are failing to promote the mental health of many others at different stages of their lives.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 3
- Paragraph text
- The present report is the result of extensive consultations among a wide range of stakeholders, including representatives of the disability community, users and former users of mental health services, civil society representatives, mental health practitioners, including representatives of the psychiatric community and the World Health Organization (WHO), academic experts, members of United Nations human rights mechanisms and representatives of Member States.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Right to health of adolescents 2016, para. 112d
- Paragraph text
- [In connection to mental health, the Special Rapporteur recommends that Governments:] Ensure independent monitoring of mental health facilities providing services for adolescents with mental health conditions, including psychosocial and intellectual disabilities, so that standards set by the Committee on the Rights of Persons with Disabilities are progressively implemented.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to health of adolescents 2016, para. 80
- Paragraph text
- The right to mental health must be underpinned by legal frameworks that are fully compliant with human rights standards, which demand respect for the evolving capacities of adolescents with disabilities and their physical integrity. Adolescents with disabilities are vulnerable to neglect, mental and physical abuse, sexual violence and forced sterilization or contraception while detained in mental health care settings.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to health of adolescents 2016, para. 61
- Paragraph text
- Particular regard must be afforded to the barriers faced by adolescents with disabilities, as their views should be given due weight in accordance with age and maturity on an equal basis with others and as they must be provided with opportunities for supported decision-making.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Right to health of adolescents 2016, para. 49
- Paragraph text
- States should take specific measures to ensure that adolescents with disabilities enjoy their right to family life and are not removed from their families against their will. States should ensure that information, training and support are provided to parents to enable them to help their adolescent children attain the highest attainable standard of health.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 98
- Paragraph text
- The Special Rapporteur believes that a serious multi-stakeholder dialogue about the future models and practices of psychiatry is needed to address the situation in many countries where exceptions, allowing the restriction of the human rights of service users, sadly turn into rules, and persons with psychosocial and intellectual disabilities suffer from systemic or ad hoc violations of their rights.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 96
- Paragraph text
- The Convention is challenging traditional practices of psychiatry, both at the scientific and clinical-practice levels. In that regard, there is a serious need to discuss issues related to human rights in psychiatry and to develop mechanisms for the effective protection of the rights of persons with mental disabilities.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 93
- Paragraph text
- One of priorities of the Special Rapporteur will be to look into the role of the health sector and health professionals in the implementation of ambitious goals raised by the Convention of the Rights of Persons with Disabilities. He hopes to address that role in close cooperation with the Special Rapporteur on the rights of persons with disabilities, and other mandate holders and United Nations mechanisms.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 79
- Paragraph text
- It is estimated that the burden of mental-health problems and mental disabilities constitutes 14 per cent of general burden of disease. However, compared with physical health, mental health is given inadequately low priority and insufficient human and financial resources.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 30
- Paragraph text
- Other thematic reports have explored the enjoyment of the right to health and the underlying determinants, including water and sanitation, occupational health, the right to health in conflict, unhealthy foods, and the right to health of migrants, older persons and persons with psychosocial disabilities (including the key issue of informed consent).
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Water & Sanitation
- Person(s) affected
- Older persons
- Persons on the move
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 112l
- Paragraph text
- [In this connection, the Special Rapporteur urges Governments:] To comply fully with the standards contained in the Convention on the Rights of Persons with Disabilities and eliminate outdated practices based on institutional care and excessive medication of young children with developmental and other disabilities;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 112k
- Paragraph text
- [In this connection, the Special Rapporteur urges Governments:] To eliminate institutional care for children during the first five years of life and promote investments in community-based services for families at risk, including for families living in poverty and those with young children with developmental and other disabilities;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 101g
- Paragraph text
- [The Special Rapporteur recommends that States:] Review legislation and adopt policies to ensure that all persons, including women, lesbian, gay, bisexual, transgender and intersex people, people living with disabilities, children, the elderly and other populations that are underserved or face discrimination, are able to participate in and safely enjoy sports;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 34
- Paragraph text
- At present, there is an impasse over how obligations in relation to non-consensual treatment are implemented in the light of the provisions of the Convention on the Rights of Persons with Disabilities, given the different interpretation by international human rights mechanisms. The Special Rapporteur has followed these developments and hopes that consensus can be reached to start the shift towards strengthened mental health policies and services without delay. He seeks to participate actively in these processes and potentially report again on the progress achieved.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 11
- Paragraph text
- The momentum sustained by civil society towards a paradigm shift has contributed to an evolving human rights framework in the area of mental health. The adoption of the Convention on the Rights of Persons with Disabilities in 2006 laid the foundation for that paradigm shift, with the aim of leaving behind the legacy of human rights violations in mental health services. The right to the highest attainable standard of health has much to contribute to advancing that shift and provides a framework for the full realization of the right of everyone to mental health.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 8
- Paragraph text
- For decades, mental health services have been governed by a reductionist biomedical paradigm that has contributed to the exclusion, neglect, coercion and abuse of people with intellectual, cognitive and psychosocial disabilities, persons with autism and those who deviate from prevailing cultural, social and political norms. Notably, the political abuse of psychiatry remains an issue of serious concern. While mental health services are starved of resources, any scaled-up investment must be shaped by the experiences of the past to ensure that history does not repeat itself.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sports and healthy lifestyles as contributing factors to the right to health 2016, para. 36
- Paragraph text
- Encouragingly, some States provide subsidized or free access to sporting goods, services and facilities to certain groups in society. Sports activities for people with disabilities are free in Azerbaijan, in accordance with a resolution of the Cabinet of Ministers; similarly, in Bosnia and Herzegovina, access to sports camps for children is free. The Special Rapporteur recommends the adoption of similar approaches elsewhere, subject to the needs of the population and resource availability.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 122n
- Paragraph text
- [In that connection, at the outset of his tenure, the Special Rapporteur would like to put forward the following observations:] The rights of persons with disabilities are of a special relevance to the right to health and should be protected and promoted through the lens of the Convention on the Rights of Persons with Disabilities. In that regard, the role of health-care services and professionals and the role of the biomedical model need to be reconsidered;
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Work of the mandate and priorities of the SR 2015, para. 97
- Paragraph text
- The history of psychiatry demonstrates that the good intentions of service providers can turn into violations of the human rights of service users. The traditional arguments that restrict the human rights of persons diagnosed with psychosocial and intellectual disabilities, which are based on the medical necessity to provide those persons with necessary treatment and/or to protect his/her or public safety, are now seriously being questioned as they are not in conformity with the Convention.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Right to health in conflict situations 2013, para. 34
- Paragraph text
- States should address imminent public health concerns, including injuries and disabilities caused during conflict, and less visible effects on health such as mental health. For example, post-traumatic stress disorder and depression are common in States recovering from conflict and should be effectively addressed. Making mental health services available and accessible is essential and also helps empower people and communities affected by conflict and may enable them to bring about change in their social and political environment.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 91
- Paragraph text
- The Special Rapporteur calls for leadership to confront the global burden of obstacles and embed rights-based mental health innovation in public policy. That includes State champions in international policy efforts, the leadership of professional psychiatry in assessing constructively its approach to the necessity for change, managers of mental health services leading change by example and municipal officials championing grassroots innovation. These champions must work in partnership with their constituents, including persons with intellectual, cognitive and psychosocial disabilities and with autism.
- 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
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 78
- Paragraph text
- The right to health requires that mental health care be brought closer to primary care and general medicine, integrating mental with physical health, professionally, politically and geographically. It not only integrates mental health services into mainstream health care so they can be accessible for everyone, it ensures that entire groups of people who are traditionally isolated from mainstream health care, including persons with disabilities, receive care and support on an equal basis with others. Inclusion also comes with socioeconomic advantages. Mental health concerns everyone and when needed, services should be accessible and available to all at the primary and specialized care levels.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 74
- Paragraph text
- The Special Rapporteur highlights the devastating impact that institutionalization has on young children, particularly on their mental health and holistic development. Mental health-related services for children receive inadequate investment and lack quality standards of care and staffing, thus creating an environment where abuse is common for children with disabilities or with difficulties in social and emotional development, especially for those in institutional care. There are many examples of innovative child mental health services and practices throughout the world and there is convincing research on their effectiveness in promoting mental health and preventing deterioration in mental health conditions. However, those good practices often serve merely as pilot projects, owing to a lack of political will to replicate and mainstream them in general childcare services.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 67
- Paragraph text
- The right to health is an inclusive right to both health care and the underlying and social determinants of health. Public health has individual and collective dimensions, which are essential in securing the right to the enjoyment of the underlying and social determinants of health. Given the deep connections between mental health and the physical, psychosocial, political and economic environment, the right to determinants of health is a precondition for securing the right to mental health. Under international human rights law, States must act on a range of underlying determinants, such as violence, supportive family environments and discrimination, to secure in particular the right to health of children and women and persons with disabilities. In short, respecting, protecting and fulfilling the right to mental health requires concerted action to secure certain preconditions that are associated with mental health.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 65
- Paragraph text
- Coercion in psychiatry perpetuates power imbalances in care relationships, causes mistrust, exacerbates stigma and discrimination and has made many turn away, fearful of seeking help within mainstream mental health services. Considering that the right to health is now understood within the framework of the Convention on the Rights of Persons with Disabilities, immediate action is required to radically reduce medical coercion and facilitate the move towards an end to all forced psychiatric treatment and confinement. In that connection, States must not permit substitute decision-makers to provide consent on behalf of persons with disabilities on decisions that concern their physical or mental integrity; instead, support should be provided at all times for them to make decisions, including in emergency and crisis situations.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 62
- Paragraph text
- In particular, children and adults with intellectual disabilities and with autism too often suffer from institutionalized approaches and excessively medicalized practices. Institutionalizing and medicating children with autism, based on their impairment, is unacceptable. Autism represents a critical challenge to modern systems of care and support, as medical attempts to “cure” the condition have often turned out to be harmful, leading to further mental health deterioration of children and adults with the condition. Support for them should not only address their right to health, but their rights to education, employment and living in the community on an equal basis with others.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 58
- Paragraph text
- Mental health services must be respectful of medical ethics and human rights, as well as culturally appropriate, sensitive to gender and life-cycle requirements and designed to respect confidentiality and empower individuals to control their health and well-being. They must respect the principles of medical ethics and human rights (including “first, do no harm”), choice, control, autonomy, will, preference and dignity. Overreliance on pharmacological interventions, coercive approaches and in-patient treatment is inconsistent with the principle of doing no harm, as well as with human rights. Human rights capacity-building should be routinely provided to mental health professionals. Services must be culturally appropriate and acceptable to persons with intellectual, cognitive or psychosocial disabilities and with autism, adolescents, women, older persons, indigenous persons, minorities, refugees and migrants, and lesbian, gay, bisexual, transgender and intersex persons. Many within those populations are needlessly medicalized and suffer from coercive practices, based on inappropriate and harmful gender stereotypes.
- 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
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Ethnic minorities
- LGBTQI+
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph