HUMAN RIGHTS Right of everyone to the enjoyment of the highest attainable standard of physical and mental health Heather Payne-Drakes

 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 Role of 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. United Nations: International Framework for Human 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 International Bill of Rights

 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 - UDHR

 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 Bill of Rights - ICESCR & ICCPR

 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 Highest attainable standard of physical and mental health

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 Convention on the rights of Persons with Disabilities (CRPD)

 CRPD supersedes the MI Principles which detailed the  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 UN Principles for the Protection of Persons with Mental Illness 1991

“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…” MI Principles

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 Human Rights Enacted through Legislation

 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 Respecting the Rights of People with Mental Disorders

 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 Human Rights Violations

 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 1993 Australian Inquiry into HR

 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. UN General Assembly, 64 th Session: Special Report

 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 Within the Family and Home Unit

 Right to Employment  Right to Education  Right to Housing  Right to Mental Health Care  Right to General Health Care Preserving Human Rights in the Society

 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

 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 How can Community Leaders Advocate for Human Rights (2)

 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 Absence of Stigma & Discrimination Promotes Health

 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 Highest attainable standard of physical and mental health

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…”