Mental Health Policy, Mental Health Policy, Human Rights & the Human Rights & the LawLaw

Mental Disability Advocacy Mental Disability Advocacy ProgramProgramOpen Society InstituteOpen Society InstituteCamilla ParkerCamilla ParkerOctober 2004October 2004

Human Rights Human Rights InstrumentsInstruments

Universal Declaration of Human Rights (1948)Universal Declaration of Human Rights (1948) European Convention on Human Rights (1950)European Convention on Human Rights (1950) European Social Charter (1961, revised 1991)European Social Charter (1961, revised 1991) International Covenant of Civil & Political International Covenant of Civil & Political

Rights (1966)Rights (1966) International Covenant of Economic, Social & International Covenant of Economic, Social &

Cultural Rights (1966)Cultural Rights (1966) Convention against Torture and Other Cruel, Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Inhuman or Degrading Treatment or Punishment (1984)Punishment (1984)

Charter of Fundamental Rights of the Charter of Fundamental Rights of the European Union (2000)European Union (2000)

Standard Rules on the Standard Rules on the Equalization of Equalization of Opportunities for Persons Opportunities for Persons with Disabilitieswith Disabilities Purpose is to ensure that disabled Purpose is to ensure that disabled

people may exercise the same rights people may exercise the same rights and obligations as othersand obligations as others

States should take action to remove States should take action to remove the obstacles preventing disabled the obstacles preventing disabled people from exercising their rights and people from exercising their rights and freedoms and making it difficult for freedoms and making it difficult for them to participate fully in the them to participate fully in the activities of their societies activities of their societies

Principles for the Principles for the Protection of Persons Protection of Persons with Mental Illnesswith Mental Illness The right to live and work, to the The right to live and work, to the

extent possible, in the community extent possible, in the community The right to receive such health The right to receive such health

and social care as is appropriate and social care as is appropriate to the person’s health needs, care to the person’s health needs, care to be provided in accordance with to be provided in accordance with the same standards as other ill the same standards as other ill persons persons

Key Goals: Equal Citizenship Key Goals: Equal Citizenship & Social Inclusion for people & Social Inclusion for people with mental health with mental health problemsproblems Equal Citizenship: be able to Equal Citizenship: be able to

exercise the same rights as exercise the same rights as everyone elseeveryone else

Social inclusion: have the same Social inclusion: have the same opportunities as everyone else to opportunities as everyone else to have choice in their daily lives, to have choice in their daily lives, to be independent and participate be independent and participate fully in their communities fully in their communities

Principles for reform Principles for reform

Ensure respect for rights and Ensure respect for rights and freedomsfreedoms

Protect against discriminationProtect against discrimination Promote personal autonomy and Promote personal autonomy and

independenceindependence Provide care on the basis of individual Provide care on the basis of individual

need need Address barriers to social inclusion Address barriers to social inclusion Enable participationEnable participation

Implications for Mental Implications for Mental Health Policy: ServicesHealth Policy: Services Assessments to address individuals’ health, Assessments to address individuals’ health,

social care and other support requirements social care and other support requirements Provide services to meet individuals’ assessed Provide services to meet individuals’ assessed

needs, taking their views and preferences into needs, taking their views and preferences into account account

Wherever possible, provide community-based Wherever possible, provide community-based servicesservices

Service planning to involve service users & Service planning to involve service users & families families

Establish mechanisms to monitor & review the Establish mechanisms to monitor & review the services provided, involving service users & services provided, involving service users & families families

Implications for Mental Implications for Mental Health: Protection of Health: Protection of RightsRights Individuals should be given the Individuals should be given the

opportunity to make decisions for opportunity to make decisions for themselves and provided with the themselves and provided with the support to assist this where necessarysupport to assist this where necessary

Any intervention to be on the principle Any intervention to be on the principle of least restrictive alternativeof least restrictive alternative

Establish mechanisms to safeguard Establish mechanisms to safeguard individuals’ rights e.g. complaints, individuals’ rights e.g. complaints, independent review of detention independent review of detention

Implications for Mental Implications for Mental Health: Addressing Health: Addressing Stigma & Discrimination Stigma & Discrimination Anti-discrimination laws and Anti-discrimination laws and

policies to protect people with policies to protect people with mental health problems mental health problems

Workforce to receive training on Workforce to receive training on mental health and disability mental health and disability issuesissues

Develop public awareness Develop public awareness campaigns campaigns

Mental Health Policy Mental Health Policy and Related and Related Legislation (1)Legislation (1) Circumstances justifying compulsion Circumstances justifying compulsion

and safeguards when powers usedand safeguards when powers used Complaints procedures and powers Complaints procedures and powers

of monitoring & inspection bodies to of monitoring & inspection bodies to take action against poor care and/or take action against poor care and/or abuseabuse

Anti-discrimination legislation – and Anti-discrimination legislation – and review of laws to check against review of laws to check against unfair discriminationunfair discrimination

Mental Health Policy Mental Health Policy and Related and Related Legislation (2)Legislation (2) Provision of support to meet assessed Provision of support to meet assessed

health and social care needshealth and social care needs Legal & financial mechanisms setting Legal & financial mechanisms setting

out different agencies responsibilities out different agencies responsibilities for the planning & delivery of servicesfor the planning & delivery of services

Decision-making on behalf of Decision-making on behalf of individuals who lack capacityindividuals who lack capacity

Mental Health Policy & Mental Health Policy & Human Rights Human Rights

‘…‘…the end goal of the human the end goal of the human rights model is to build rights model is to build societies that are genuinely societies that are genuinely inclusive, societies that value inclusive, societies that value difference and respect the difference and respect the dignity and equality of all dignity and equality of all human beings regardless of human beings regardless of difference’ difference’