human rights and legislation who resource book on mental health

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• Inter-American Convention on the Elimination of all Forms of Discrimination against Persons with Disabilities • 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 • Recommendation of the Inter-American Commission on Human Rights for the Promotion <strong>and</strong> Protection of the Rights of the Mentally Ill • Convention on the Elimination of All Forms of Discrimination Against Women Children with mental disabilities have the right to enjoy a full <strong>and</strong> decent life People with mental disorders should be protected against torture, cruel, in<strong>human</strong> or degrading treatment or punishment St<strong>and</strong>ards for involuntary care <strong>and</strong> treatment • UN Convention on the Rights of the Child • The Salamanca Statement <strong>and</strong> Framework for Action on Special Needs Education • UN Principles for the Protection of Persons with Mental Illness <strong>and</strong> the Improvement of Mental Health Care (MI Principles) • UN Convention for the Prevention of Torture <strong>and</strong> In<strong>human</strong> or Degrading Treatment or Punishment • 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) • Declaration of Caracas • International Covenant on Civil <strong>and</strong> Political Rights (ICCPR) • European Convention for the Prevention of Torture <strong>and</strong> In<strong>human</strong> or Degrading Treatment or Punishment • Recommendation of the Inter-American Commission on Human Rights for the Promotion <strong>and</strong> Protection of the Mentally Ill • UN Principles for the Protection of Persons with Mental Illness <strong>and</strong> the Improvement of Mental Health Care (MI Principles • Council of Europe Recommendation 1235 on Psychiatry <strong>and</strong> Human Rights • Declaration of Caracas • World Psychiatric Association's Declaration of Madrid 156
Annex 3. United Nations Principles for the Protection of Persons with Mental Illness <strong>and</strong> the Improvement of Mental Health Care Adopted by General Assembly resolution 46/119 of 17 December 1991 Application These Principles shall be applied without discrimination of any kind such as on grounds of disability, race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, legal or social status, age, property or birth. Definitions In these Principles: "Counsel" means a legal or other qualified representative; "Independent authority" means a competent <strong>and</strong> independent authority prescribed by domestic law; "Mental health care" includes analysis <strong>and</strong> diagnosis of a person's mental condition, <strong>and</strong> treatment, care <strong>and</strong> rehabilitation for a mental illness or suspected mental illness; "Mental health facility'' means any establishment, or any unit of an establishment, which as its primary function provides mental health care; "Mental health practitioner'' means a medical doctor, clinical psychologist, nurse, social worker or other appropriately trained <strong>and</strong> qualified person with specific skills relevant to mental health care; "Patient" means a person receiving mental health care <strong>and</strong> includes all persons <strong>who</strong> are admitted to a mental health facility; "Personal representative" means a person charged by law with the duty of representing a patient's interests in any specified respect or of exercising specified <strong>rights</strong> on the patient's behalf, <strong>and</strong> includes the parent or legal guardian of a minor unless otherwise provided by domestic law; "The review body" means the body established in accordance with Principle 17 to review the involuntary admission or retention of a patient in a mental health facility. General limitation clause The exercise of the <strong>rights</strong> set forth in these Principles may be subject only to such limitations as are prescribed by law <strong>and</strong> are necessary to protect the health or safety of the person concerned or of others, or otherwise to protect public safety, order, health or morals or the fundamental <strong>rights</strong> <strong>and</strong> freedoms of others. Principle 1 Fundamental freedoms <strong>and</strong> basic <strong>rights</strong> 1. All persons have the right to the best available mental health care, which shall be part of the health <strong>and</strong> social care system. 2. All persons with a mental illness, or <strong>who</strong> are being treated as such persons, shall be treated with <strong>human</strong>ity <strong>and</strong> respect for the inherent dignity of the <strong>human</strong> person. 3. All persons with a mental illness, or <strong>who</strong> are being treated as such persons, have the right to protection from economic, sexual <strong>and</strong> other forms of exploitation, physical or other abuse <strong>and</strong> degrading treatment. 4. There shall be no discrimination on the grounds of mental illness. "Discrimination" means any distinction, exclusion or preference that has the effect of nullifying or impairing equal enjoyment of <strong>rights</strong>. Special measures solely to protect the <strong>rights</strong>, or secure the advancement, of persons with mental illness shall not be deemed to be discriminatory. Discrimination does not include any distinction, exclusion or preference undertaken in accordance with the provisions of these Principles <strong>and</strong> necessary to protect the <strong>human</strong> <strong>rights</strong> of a person with a mental illness or of other individuals. 5. Every person with a mental illness shall have the right to exercise all civil, political, economic, social <strong>and</strong> cultural <strong>rights</strong> as recognized in the Universal Declaration of Human Rights, the International Covenant on Economic, Social <strong>and</strong> Cultural Rights, the International Covenant on 157
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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<
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4.1.2 Debate of draft legis
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Page 134 and 135: Declaration of Hawaii (1983). Appro
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Page 138 and 139: Introduction and h
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Page 142 and 143: C. Access to mental health care 1)
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Page 154 and 155: 2) Are all the criteria and
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Page 162 and 163: 3) (iv) Maintain registers of accre
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Page 166 and 167: 3) Does the law allow for people <s
Page 168 and 169: 2) Does the law provide for “reas
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Page 172 and 173: AZ. Offences and p
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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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