Mental health policy and practice across Europe: an overview

A human rights perspective 319
Combating stigma and discrimination: the role of legislation
The introduction of anti-discrimination legislation will be an important step
in promoting the social inclusion of people with mental health problems. Both
the ICCPR (Article 26) and the ICESCR (Article 2) support the need for such
legislation.
At the European level, the EU Directive on equal treatment in employment
requires member states to make discrimination unlawful on the grounds of
religion or belief, disability, age or sexual orientation in the areas of employment
and occupation (Council Directive 2000/43/EC). A second Directive requires
member states to make discrimination on the grounds of racial or ethnic origin
unlawful in a wide range of areas including employment, education and access
to health care (Council Directive 2000/78/EC). Disability advocates are also
campaigning for a further EU Directive requiring states to introduce measures
to combat discrimination on the basis of disability in a range of additional
areas, such as health care, education and access to goods and services (European
Disability Forum 2003).
Recognizing that anti-discrimination legislation cannot, in itself, change
attitudes and behaviour, the EU has introduced an action programme to
‘improve understanding of the factors giving rise to discrimination, to develop
better ways of combating them and to help create the conditions for a fairer
society’ (European Commission 2003: 22).
Raising awareness is also a key strategy. The World Health Organization
(2001: 98) stresses the importance of public awareness campaigns in the development
of mental health policy:
Tackling stigma and discrimination requires a multilevel approach involving
education of health professionals and workers, the closing down of
psychiatric institutions which serve to maintain and reinforce stigma, the
provision of mental health services in the community, and the implementation
of legislation to protect the rights of the mentally ill. Fighting stigma
also requires public information campaigns to educate and inform the
community about the nature, extent and impact of mental disorders in
order to dispel common myths and encourage more positive attitudes and
behaviours.
Protecting the rights of people who may lack capacity:
the role of legislation
Those involved in developing mental health policy must consider how to protect
the rights of people who are thought to lack capacity to make certain
decisions for themselves (this is likely to include a number of different client
groups, such as older people, people with intellectual disabilities and some
people with mental health problems). An essential step would be to introduce
legislation to provide a framework for decision-making on behalf of people
who lack the capacity to make decisions for themselves in relation to personal
welfare (including health) and financial matters.
The Council of Europe’s recommendation on Principles Concerning the Legal
Protection of Incapable Adults (1999) provides a useful guide for legislators. For