Mental health disabilities and human rights protections (original) (raw)
Related papers
2012
This article is based on research which examined the current and potential impact of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on Australian and South Australian legislation and policy. A particular focus was on the ‘right to health’ for people with a psychiatric disability. Ten interviews were conducted with professionals from law, psychiatry, government and service user advocacy, working at state, national (Australian) and international levels. It addresses three key themes: the rights of people with psychiatric and other disabilities; perceptions of the rollout of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); and the impact on current policy and practice of the ‘right to health’.
Generally, health is a vital need that requires strong protection under the law. However, Existing human rights provisions on disability are not in one treaty but are scattered in general human rights treaties and specific treaties for particular groups where mental disability rights intersect. International human rights instruments are important in the context of mental health because they are the only source of law that legitimizes international scrutiny of mental health policies and practices within a sovereign country and also because they provide fundamental protections that cannot be taken away by the ordinary political process. The goal of this paper is to present and discuss these instruments at the global and regional level, cutting across Africa, Europe and America, while taking into account the human rights of people with mental disabilities which these instruments advocate for, the result of this would be the promotion of mental health and human rights of mentally challenged persons.
Traditionally, disability was not regarded as a human rights issue. As recently as 19 years ago, it was not so broadly acknowledged. Although there had been prior cases decided in the United States and in Europe that, retrospectively, had been litigated from a human rights perspective, the characterization of "disability rights" (especially the rights of persons with mental disabilities) as a social issue was not discussed in a global public, political, or legal debate until the early 1990s. Instead, disability was seen only as a medical problem of the individual requiring a treatment or cure. By contrast, viewing disability as a human rights issue requires us to recognize the inherent equality of all people, regardless of abilities, disabilities, or differences, and obligates society to remove the attitudinal and physical barriers to equality and inclusion of people with disabilities. The ratification of the United Nations Convention on the Rights of Persons with Disabili...
People with mental illness and human rights: A developing countries perspective
Indian Journal of Psychiatry, 2013
Background: Human rights violations among the people with mental illness were not an uncommon occurrence. The present study was aimed to compare persons with psychiatric illness and their caregivers' perceptions regarding the human rights status of people with mental illness in the community. Materials and Methods: A descriptive design was carried out among randomly selected asymptomatic psychiatric patients and their caregivers (N=200) at a tertiary care center. Data was collected through face-to-face interview, using a structured questionnaire. Data was analyzed and interpreted using descriptive and inferential statistics. Results: Our findings revealed that the caregivers than psychiatric patients perceived negatively to the statements i.e., 'Receiving equal information and encouragement about career opportunities' (χ 2 =10.779, P<0.029), 'Opposing discriminatory actions, slurs' (χ 2 =9.472, P<0.050) 'Resolving the conflicts with people with mental illness through nonviolent ways' (χ 2 =27.091, P<0.000), 'Responding to the complaints of harassment or discrimination against the people with mental illness' (χ 2 =18.697, P<0.001), 'Encouraged to continue their education' (χ 2 =13.029, P<0.023) 'Exploitation by the community members' (χ 2 =18.653, P<0.001) and working under fair conditions (χ 2 =13.470, P<0.009). Conclusion: The study suggests that there is an urgent need to take necessary steps to protect, promote, and fulfill human rights of people with mental illness through providing care, educating the community, and strengthening the legislations.
Promoting human rights in mental healthcare: beyond the ‘Geneva impasse’
BJPsych Open
Summary The past decade has seen a significant growth in attention to the human rights of persons with disabilities, taken to include mental health conditions. Consequently, challenges to important areas of current psychiatric practice have emerged, with which the profession has, in general, shown limited engagement.