MENTAL HEALTH AND DEVELOPMENT: - libdoc.who.int - World ...

• In India, several laws curtail the civil and political rights of people with mental
health conditions. Under Hindu 52, 53 and Parsi 54 laws, and the Divorce Act of
1872 55 , being of “unsound mind” or having a long-term mental health condition
can be grounds for annulment or divorce. The Special Marriage Act of 1954
prohibits marriage for people with mental health conditions “of such a kind or
to such an extent as to be unfit for marriage and the procreation of children.” 56
People who are declared by a competent court to be of unsound mind may be
57, 58
disqualified from registering in an electoral roll.
• A MDAC report states that in Kyrgyzstan, the civil code restricts adults who
have been deprived of their legal capacity from the right to manage property. 59
• Under the Family Code of the Russian Federation people with mental health
conditions under guardianship cannot marry60 nor file for divorce as these
decisions are made for them by their guardian. 61 Their parental rights are also
terminated. 62
• In Thailand, anyone “being of unsound mind or mental infirmity” cannot vote63 and the civil and commercial code does not permit the marriage of an “insane
person”. 64
• The Egalité Handicap Centre highlights that in Switzerland, several recent
cases have been reported in which people with intellectual impairments have
been denied Swiss nationality. In one case, a young woman with an intellectual
impairment was refused citizenship on the basis that she was incapable of supporting
herself financially, and would require support from social services. In
its examination of this case, the Federal Tribunal of Switzerland found that the
decision was discriminatory. 65, 66 Other similar cases are still pending.
2.5 People with mental health conditions are not
allowed to participate fully in society
… persons with disabilities should have the opportunity to be actively
involved in decision-making processes about policies and programmes,
including those directly concerning them …
Preamble, United Nations Convention on the Rights of Persons with
Disabilities
Participation means not only the right to vote and to stand for election, but also
to effectively and fully participate in the conduct of public life. Every individual,
no matter how poor or marginalized, has the right to participate in public affairs.
Participation enables the creation of an active civil society that can give a voice to
everyone, including vulnerable groups, and drive national reform.
In the majority of countries, people with mental health conditions fail to participate
actively in policy decision-making processes. This stands in contrast to issues
such as HIV/AIDS, for example, where in many countries those most directly
14 MentalHealthandDevelopment:Targetingpeoplewithmentalhealthconditionsasavulnerablegroup