HUMAN RIGHTS
Right of everyone to the enjoyment of the highest
attainable standard of physical and mental health
Heather Payne-Drakes
Role of Human Rights
 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
United Nations: International
Framework for 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.
International Bill of 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
Bill of Rights - UDHR
 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 - ICESCR & ICCPR
 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
Highest attainable standard of
physical and mental health
 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
UN Convention on the rights of
Persons with Disabilities (CRPD)
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 Principles for the Protection of
Persons with Mental Illness 1991
 CRPD supersedes the MI Principles which detailed the
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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
MI Principles
“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…”
Human Rights Enacted through
Legislation
• 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
Respecting the Rights of People
with Mental Disorders
 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
Human Rights Violations
 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
1993 Australian Inquiry into HR
 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
UN General Assembly, 64th
Session: Special Report
 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.
Preserving Human Rights Within
the Family and Home Unit
 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 in the
Society
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Right to Employment
Right to Education
Right to Housing
Right to Mental Health Care
Right to General Health Care
How can Community Leaders
Advocate for Human Rights
 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 (2)
 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
Absence of Stigma &
Discrimination Promotes Health
 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
Highest attainable standard of
physical and mental health
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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
HUMAN RIGHTS
Right 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…”