human rights and legislation who resource book on mental health

In countries where women are detained in hospitals on social <strong>and</strong> cultural grounds it is necessary
that <strong>legislation</strong> explicitly state the illegality of such a practice. Legislation should promote equal
access to mental health services, including community-based treatment <strong>and</strong> rehabilitation
facilities for women. Women should also have equal <strong>rights</strong> to men in relation to issues of
involuntary admission <strong>and</strong> treatment. Legislation could insist that a review body undertake
separate <strong>and</strong> specific monitoring of the proportion of women admitted involuntarily to mental
health facilities in order to assess potential discrimination.
17.3 Minorities
Discrimination in the provision of mental health services to minorities takes many forms. For
example:
• minorities may be denied access to community-based treatment facilities <strong>and</strong> be offered
treatment in inpatient facilities instead;
• minorities have been found to have higher rates of involuntary admission;
• social <strong>and</strong> cultural norms of behaviour which may be different for minorities are sometimes
interpreted as signs of mental disorders <strong>and</strong> lead to involuntary admission;
• minorities are more likely to receive involuntary treatment when in mental health facilities;
• the living environment of mental health facilities does not take into account the unique
cultural <strong>and</strong> social needs of minorities;
• minorities with mental disorders are more likely to be arrested for minor behavioural problems
leading to higher rates of contact with the criminal justice system.
Legislation may specifically provide protection against such discriminatory practices. For
example, <strong>legislation</strong> could stipulate that a review body monitor involuntary admissions <strong>and</strong>
involuntary treatment of minorities, ensure that accreditation criteria for mental health facilities
include provision of culturally appropriate living environments, <strong>and</strong> monitor the provision of
community-based treatment <strong>and</strong> rehabilitation services to minorities.
Example: Protecting the interests of women <strong>and</strong> minorities in Australia
To protect women <strong>and</strong> minorities, the Australian Mental Health Act states that the members of
the Mental Health Tribunal “are to include 1 or more women <strong>and</strong> 1 or more persons of ethnic
background”.
(New South Wales Mental Health Act 1990)
17.4 Refugees
In some countries, refugees <strong>and</strong> asylum seekers often receive inappropriate treatment that
causes or exacerbates mental disorders. However, they are not afforded the same mental health
treatment as citizens of that country. This violates Article 12 of the ICESCR, which “recognises
the right of everyone to the enjoyment of the highest attainable st<strong>and</strong>ard of physical <strong>and</strong> mental
health”.
Legislation can stipulate that refugees are entitled to the same mental health treatment as
citizens of the host country.
Protections for vulnerable groups: Key issues
• Legislation protecting the <strong>human</strong> <strong>rights</strong> of children <strong>and</strong> adolescents should take account of
their particular vulnerabilities.
• Legislation can promote the establishment of <strong>and</strong> access to specialized mental health
services for minors.
• Legislation may actively discourage the involuntary admission of minors in mental health
facilities.
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