human rights and legislation who resource book on mental health

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AZ. Offences <strong>and</strong> penalties 1) Does the law have a section dealing with offences <strong>and</strong> appropriate penalties? 2) Does the law provide appropriate sanctions against individuals <strong>who</strong> violate any of the <strong>rights</strong> of patients as established in the law? a) b) c) a) b) c) 154
Annex 2. Summary of the major provisions <strong>and</strong> international instruments related to the <strong>rights</strong> of people with mental disorders Key <strong>human</strong> <strong>rights</strong> related to mental health People with mental disorders are entitled to the enjoyment <strong>and</strong> protection of their fundamental <strong>human</strong> <strong>rights</strong>. Right to the highest attainable st<strong>and</strong>ard of health care – including mental health Protection against discrimination Instruments safeguarding the <strong>human</strong> right • International Covenant on Economic, Social <strong>and</strong> Cultural Rights (ICESCR) • International Covenant on Civil <strong>and</strong> Political Rights (ICCPR) • UN Declaration of Human Rights • African (Banjul) Charter on Human <strong>and</strong> Peoples’ Rights • Convention for the Protection of Human Rights <strong>and</strong> Fundamental Freedoms • American Declaration of the Rights <strong>and</strong> Duties of Man • American Convention on Human Rights • UN Principles for the Protection of Persons with Mental Illness <strong>and</strong> for the Improvement of Mental Health Care (MI Principles) • St<strong>and</strong>ard Rules on Equalization of Opportunities for Persons with Disabilities • Declaration of Caracas • Recommendation of the Inter-American Commission on Human Rights for the Promotion <strong>and</strong> Protection of the Rights of the Mentally Ill • International Covenant on Economic, Social <strong>and</strong> Cultural Rights (ICESCR) • African (Banjul) Charter on Human <strong>and</strong> Peoples’ Rights • UN Principles for the Protection of Persons with Mental Illness <strong>and</strong> the Improvement of Mental Health Care (MI Principles) • St<strong>and</strong>ard Rules on Equalization of Opportunities for Persons with Disabilities • European Social Charter • Declaration of Caracas • International Convention on the Elimination of All Forms of Racial Discrimination • Convention on the Elimination of All Forms of Discrimination Against Women • Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social <strong>and</strong> Cultural Rights • International Covenant on Economic, Social <strong>and</strong> Cultural Rights (ICESCR) • International Covenant on Civil <strong>and</strong> Political Rights (ICCPR) 155
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WHO RESOURCE BOOK ON MENTAL HEALTH,
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All rights reserve
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Technical contribution and<
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Nacanieli Goneyali Maria Grazia Gia
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Leen Meulenbergs Harry I. Minas Alb
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Harvey Whiteford Ray G. Xerri XIE B
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5. Rights of users of mental health
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4.1.3 Sanction, promulgation <stron
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For whom is this R
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This chapter covers five main areas
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3.2 Violations of human</st
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3.5 Promoting access to mental heal
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health legislation
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The right to health, as embodied in
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trade, torture and
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The MI Principles have also served
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8.4 The Salamanca Statement <strong
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Chapter 2 Content of mental health
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persons with mental disorders. The
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Mental disability is not synonymous
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Mental Disability Mental Incapacity
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Definition of “mental ill health
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Example: Mental health in primary c
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Another means of promoting communit
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MI Principles: Access to informatio
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Legislation (or accompanying regula
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Rights of users of mental health se
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mentally ill offender. Countries ma
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7.3 Determining incapacity
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• The presence of a major mental
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The concept of “voluntary” prec
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The key issue for mental health <st
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“separate” process from admissi
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In some cases, certain families bel
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as an inpatient or outpatient. This
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Example: Successful appeal of an ad
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8.3.7 Involuntary treatment in comm
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Figure 1. Procedure for combined in
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Emergency situations: Key issues
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10.1 Major medical and</str
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MI Principles: Seclusion an
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The MI Principles and</stro
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Authorize or prohibit intrusive <st
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• confidentiality • independent
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14.2 Responding to calls for assist
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15. Legislative provisions relating
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For minor offences, the court could
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15.4 The post-sentencing (serving s
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16. Additional substantive provisio
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• Right to work and</stro
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In countries where women are detain
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Kenya The Mental Health Act (Act No
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Figure 2. Process of mental health
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) Qualitative information from focu
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When examining another country’s
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• The process of building a conse
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Consultation should be undertaken w
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Written submissions have the advant
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The group, body or individual(s) m<
Page 122 and 123: 4.1.2 Debate of draft legis
Page 124 and 125: mental health facts and</st
Page 126 and 127: Example: The National Commission ta
Page 128 and 129: 5.2.4 Developing information <stron
Page 130 and 131: Human resource iss
Page 132 and 133: Rosenthal E, Sundram C (2002). Inte
Page 134 and 135: Declaration of Hawaii (1983). Appro
Page 136 and 137: Bibliography Araya R et al. (2001).
Page 138 and 139: Introduction and h
Page 140 and 141: 2) Does the legislation</st
Page 142 and 143: C. Access to mental health care 1)
Page 144 and 145: 3) Does the legislation</st
Page 146 and 147: E. Rights of families or other care
Page 148 and 149: G. Voluntary admission and<
Page 150 and 151: ) there is serious likelihood of ha
Page 152 and 153: • Patient lacks the capacity to m
Page 154 and 155: 2) Are all the criteria and
Page 156 and 157: O. Special treatments 1) Does the l
Page 158 and 159: 3) Does the law specify a restricte
Page 160 and 161: R. Oversight and r
Page 162 and 163: 3) (iv) Maintain registers of accre
Page 164 and 165: • the right of patients a
Page 166 and 167: 3) Does the law allow for people <s
Page 168 and 169: 2) Does the law provide for “reas
Page 170 and 171: 3) Does the law ensure that all min
Page 174 and 175: • Inter-American Convention on th
Page 176 and 177: Civil and Politica
Page 178 and 179: 5. A patient shall never be invited
Page 180 and 181: Principle 15 Admission principles 1
Page 182 and 183: Principle 20 Criminal offenders 1.
Page 184 and 185: Annex 5. Extract from the Declarati
Page 186 and 187: 5. Organ Transplantation: The role
Page 188 and 189: Restraint & Seclusion: If condition
Page 190 and 191: Rights of Recipients Summary in Eng
Page 192 and 193: PART C TAKING PERSON TO APPROVED ME
Page 194 and 195: I base my opinion on the following
Page 196 and 197: Annex 9. Example: New Zeala
Page 198 and 199: Who can make an advance directive?
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