HUMAN RIGHTS AND

CITIZENSHP
MENTAL HEALTH RIGHTS
INTRODUCTION
 Mental health rights, also referred to as the rights of
individuals with mental health conditions or mental
disabilities,
 are an essential component of human rights
 and are protected by various international, regional, and
national laws and conventions.
 These rights are designed to ensure that individuals with
mental health conditions are treated with dignity, respect,
and equality, and that they have access to appropriate
mental health care and support.
ASPECTS OF MENTAL HEALTH RIGHTS
Here are some key aspects of mental health rights:
1.Right to Non-Discrimination:
 Individuals with mental health conditions have the same human
rights as anyone else.
 They should not face discrimination, stigma, or prejudice based
on their mental health status.
2.Right to Privacy:
 People with mental health conditions have a right to privacy
regarding their medical and mental health information.
 This includes protection against involuntary disclosure of their
condition.
ASPECTS OF MENTAL HEALTH RIGHTS

3. Right to Legal Capacity:

 Many international instruments emphasize that individuals with
mental health conditions should not be denied legal capacity solely
on the basis of their condition.
 Supported decision-making processes should be promoted to enable
them to exercise their rights.
4. Right to Freedom from Torture and Cruel, Inhuman, or
Degrading Treatment:
 People with mental health conditions have the right to be free from
any form of torture or cruel, inhuman, or degrading treatment.
 This includes protection from forced treatments or institutionalization
in inhumane conditions.
ASPECTS OF MENTAL HEALTH RIGHTS
5. Right to Access to Quality Mental Health Care:
 Individuals have the right to access appropriate,
affordable, and quality mental health care and services,
including psychosocial support, counseling, and treatment.
 This care should be provided without discrimination.
6. Right to Informed Consent:
 Like individuals with physical health conditions, those
with mental health conditions have the right to provide
informed consent for their treatment and care.
 They should be informed of their treatment options and
have the opportunity to make choices about their care.
ASPECTS OF MENTAL HEALTH RIGHTS
7. Right to Participation:
 Individuals with mental health conditions have the right to
participate in decisions related to their mental health care and
treatment.
 Their opinions and preferences should be taken into account.
8. Right to Community Integration:
 International standards emphasize the importance of
deinstitutionalization and community-based care for individuals
with mental health conditions.
 They should have the opportunity to live in the community and be
included in society.
ASPECTS OF MENTAL HEALTH RIGHTS

9. Right to Education and Employment:

 People with mental health conditions have the right to
education and employment opportunities on an equal basis
with others.
 Discrimination in education and the workplace should be
prohibited.
10. Right to Redress and Remedies:
 Individuals who have experienced violations of their
mental health rights should have access to effective
remedies, including the right to seek legal redress and
compensation.
ASPECTS OF MENTAL HEALTH RIGHTS

11. Right to Legal Advocacy:

 Legal advocates and guardians may be appointed to
protect the rights and interests of individuals with mental
health conditions, while respecting their autonomy and
preferences.
12. Right to Access to Justice:
 Individuals with mental health conditions should have
access to justice and should not be denied the right to
participate in legal proceedings, including as witnesses or
parties, on the basis of their mental health status.
MENTAL HEALTH DISORDERS
 Mental health disorders, also known as mental illnesses or
psychiatric disorders, encompass a wide range of
conditions that affect a person's thoughts, emotions,
behaviors, and overall mental well-being.
 In the context of mental health rights, it's important to
recognize that individuals living with mental health
disorders have the same fundamental human rights as
those without mental health issues.
 However, these individuals may face specific challenges
and require additional protections and support to ensure
their rights are upheld.
TYPES OF MENTAL HEALTH DISORDERS:

Mental health disorders can vary widely in their nature and

severity. Some common categories of mental health
disorders include:
Mood Disorders:
 These include conditions like depression and bipolar
disorder, characterized by persistent mood disturbances.
Anxiety Disorders:
 Conditions such as generalized anxiety disorder, social
anxiety disorder, and panic disorder involve excessive
worry or fear.
TYPES OF MENTAL HEALTH DISORDERS:

Psychotic Disorders:
 Schizophrenia is a well-known psychotic
disorder that affects a person's perception of
reality.
Eating Disorders:
 Conditions like anorexia nervosa and bulimia
nervosa involve unhealthy eating behaviors.
TYPES OF MENTAL HEALTH DISORDERS:

Personality Disorders:
 These disorders, such as borderline personality
disorder, involve persistent patterns of behavior,
cognition, and inner experience.
Neurodevelopmental Disorders:
 Conditions like autism spectrum disorder and
attention-deficit/hyperactivity disorder (ADHD)
typically manifest in childhood and affect
cognitive and behavioral functioning.
TYPES OF MENTAL HEALTH DISORDERS:

Substance Use Disorders:

 Addiction to substances like alcohol, drugs, or
prescription medications can lead to mental
health challenges.
Neurocognitive Disorders:
 Conditions like Alzheimer's disease and other
forms of dementia affect cognitive functioning.
IMPACT ON MENTAL HEALTH RIGHTS:

Right to Dignity:
 Individuals with mental health disorders have the right to
be treated with dignity and respect, regardless of their
condition.
 Stigmatization and discrimination based on mental health
status should be prohibited.
Right to Non-Discrimination:
 Mental health disorders are considered disabilities under
many legal frameworks, entitling individuals to protection
against discrimination in various areas, including
employment, education, and healthcare.
IMPACT ON MENTAL HEALTH RIGHTS:

Right to Privacy:
 The privacy of individuals with mental health disorders,
including the confidentiality of their medical and
psychiatric information, must be upheld.
Right to Access to Quality Care:
 Adequate mental healthcare services should be
accessible and available to individuals with mental
health disorders, including diagnosis, treatment, and
support.
IMPACT ON MENTAL HEALTH RIGHTS:

Right to Informed Consent:

 Individuals have the right to be fully informed about
their treatment options and to provide informed consent
for medical and psychiatric interventions.
Right to Freedom from Involuntary Treatment:
 While there may be circumstances where involuntary
treatment is necessary for safety reasons, strict legal
safeguards must be in place to protect individuals'
rights during such treatment.
IMPACT ON MENTAL HEALTH RIGHTS:
Right to Legal Capacity:
 Mental health disorders should not automatically lead
to a denial of legal capacity.
 Supported decision-making and guardianship
arrangements should respect individuals' autonomy and
preferences.
Right to Community Integration:
 Deinstitutionalization efforts aim to ensure individuals
with mental health disorders can live in the community
and participate in society
LEGAL PROTECTIONS:

 Various international and national laws and

conventions provide legal protections for
individuals with mental health disorders.
 The United Nations Convention on the Rights of
Persons with Disabilities (CRPD) is a key
international treaty that explicitly addresses the
rights of people with disabilities, including those
with mental health conditions.
1. Universal Declaration of Human Rights (UDHR):

The UDHR, adopted in 1948, serves as the

foundation for human rights protection worldwide.
 Relevance to Mental Health: While the UDHR
does not explicitly mention mental health
disorders, it contains several articles that are
pertinent:
 Article 2: Prohibits discrimination on any
ground, including health status, ensuring that
individuals with mental health disorders are
protected from discrimination.
1. Universal Declaration of Human Rights (UDHR):

 Article 3: Affirms the right to life, emphasizing the

importance of protecting individuals' lives, including
those with mental health conditions.
 Article 5: Prohibits cruel, inhuman, or degrading
treatment or punishment, which applies to the treatment
of individuals with mental health disorders in
healthcare settings.
2. United Nations Convention on the Rights of Persons with
Disabilities (CRPD):

 The CRPD, adopted in 2006, specifically addresses

the rights of persons with disabilities, including
those with mental health conditions.
 Relevance to Mental Health:
 Article 1: Defines "persons with disabilities" to
include those with long-term physical, mental,
intellectual, or sensory impairments.
2. United Nations Convention on the Rights of Persons with
Disabilities (CRPD):

 Article 12: Recognizes legal capacity and decision-making

rights, advocating for supported decision-making instead of
guardianship.
 Article 19: Promotes independent living and community
inclusion, which is relevant for deinstitutionalization efforts in
mental healthcare.
 Article 25: Ensures the right to the highest attainable standard
of health, including mental health services.
 Article 26: Requires states to provide habilitation and
rehabilitation services to persons with disabilities, including
those with mental health conditions.
 3. International Covenant on Economic, Social and Cultural
Rights (ICESCR):
 The ICESCR, adopted in 1966, protects economic, social, and cultural
rights, which have direct relevance to mental health.
 Relevance to Mental Health:
 Article 12: Recognizes the right to enjoy the highest attainable
standard of physical and mental health, including access to mental
healthcare services.
 Article 13: Recognizes the right to education, which should be
inclusive and cater to the needs of individuals with mental health
conditions.
 Article 15: Recognizes the right to take part in cultural life, which
includes the right to participate in social and cultural activities for
mental well-being.
4. Other Instruments:
 The Convention on the Rights of the Child (CRC)
and the Convention on the Elimination of All
Forms of Discrimination Against Women
(CEDAW) also have relevance to mental health
rights, particularly for children and women,
respectively.
5. Customary International Law:

 Certain principles, such as the prohibition of

torture and cruel, inhuman, or degrading
treatment, apply universally and protect
individuals with mental health disorders.
6. Regional Instruments:

 Various regional human rights systems, such

as the European Convention on Human
Rights and the American Convention on
Human Rights, address mental health rights
within their respective regions.
 MENTAL HEALTH RIGHTS GENERALLY:
Right to Mental Health:
 Mental health is considered an integral part of the right to
health, as recognized in international human rights instruments
such as the Universal Declaration of Human Rights (UDHR)
and the International Covenant on Economic, Social, and
Cultural Rights (ICESCR). This includes the right to access
mental health services and care.
Non-Discrimination:
 Mental health rights are grounded in the principle of non-
discrimination. People with mental health conditions should
not face discrimination or stigmatization based on their
condition.
Informed Consent:
 Individuals have the right to make informed decisions about
their mental health care, including the right to refuse
treatment, except in cases of involuntary treatment under
strict legal safeguards.
Freedom from Torture and Cruel, Inhuman, or Degrading
Treatment:
 International law, including the Convention against Torture
and Other Cruel, Inhuman, or Degrading Treatment or
Punishment, prohibits torture and cruel, inhuman, or
degrading treatment, which includes abusive treatment of
individuals with mental health conditions.
 INTERNATIONAL LAW:
Convention on the Rights of Persons with Disabilities (CRPD):
 The CRPD is a significant international treaty that specifically
addresses the rights of persons with disabilities, including those
with psychosocial disabilities.
 It emphasizes the right to mental health and access to quality
mental health care on an equal basis with others.
World Health Organization (WHO) Mental Health Action Plan:
 While not a binding treaty, WHO's Mental Health Action Plan
provides guidance to states on improving mental health services
and respecting the rights of individuals with mental health
conditions.
 ROLE AND RESPONSIBILITY OF LAW:
Access to Mental Health Care:
 The law should ensure that individuals have access to quality mental
health care and treatment, including psychosocial support and
rehabilitation services.
Legal Capacity:
 Laws should recognize and respect the legal capacity of individuals with
mental health conditions to make decisions about their own lives.
 Supported decision-making mechanisms should be in place.
Protection from Involuntary Commitment and Torture:
 Legal safeguards should be in place to protect individuals from arbitrary
detention or involuntary commitment.
Anti-Discrimination Legislation:
 Laws should include provisions that prohibit discrimination on the
grounds of mental health status and promote equal opportunities and
inclusion.
Confidentiality and Privacy:
 Laws should protect the confidentiality and privacy of individuals
receiving mental health care.
 Information about a person's mental health condition should not be
disclosed without their consent, except in cases allowed by law.
Community-Based Care:
 Legal frameworks should promote community-based mental health
care and services to facilitate integration and prevent
institutionalization.
Access to Justice:
 Laws should ensure that individuals with mental
health conditions have access to justice, including
the right to legal representation and recourse in
cases of human rights violations.
Education and Awareness:
 Legal frameworks can support public education
and awareness campaigns to reduce stigma and
discrimination related to mental health.
1. PROTECTING INDIVIDUAL RIGHTS:
Informed Consent:
 The law recognizes the importance of informed consent in mental
health treatment.
 Individuals with psychological disorders have the right to make
decisions about their treatment, including the right to refuse
treatment, except in cases of involuntary treatment under strict legal
safeguards.
Privacy and Confidentiality:
 Laws protect the privacy and confidentiality of individuals seeking
mental health care.
 Healthcare providers are typically required to maintain the
confidentiality of patient information.
2. ACCESS TO MENTAL HEALTH CARE:
Healthcare Access Laws:
 Laws should ensure that individuals have access to mental
health care services.
 This includes provisions for the availability, affordability,
and accessibility of mental health facilities and treatment
options.
Parity Laws:
 In some jurisdictions, there are laws that require insurers
to provide coverage for mental health treatment on an
equal basis with physical health treatment.
3. PROTECTION FROM DISCRIMINATION:

Anti-Discrimination Laws:
 Many countries have anti-discrimination laws that
prohibit discrimination based on mental health
status.
 These laws aim to reduce stigma and ensure that
individuals with psychological disorders have
equal opportunities in various aspects of life,
including employment, education, and housing.
4. INVOLUNTARY COMMITMENT AND TREATMENT:

Legal Safeguards:
 Laws provide legal safeguards for involuntary
commitment and treatment. Involuntary commitment is
typically allowed only when a person poses a danger to
themselves or others, and strict legal procedures must be
followed.
Right to Legal Representation:
 Individuals subject to involuntary commitment or
treatment have the right to legal representation and
recourse to challenge their status or treatment.
5. DISABILITY RIGHTS:

Disability Laws:
 In many jurisdictions, individuals with
psychological disorders may be considered persons
with disabilities, and disability rights laws provide
protections and accommodations to ensure their
full participation in society.
6. PROTECTION FROM ABUSE AND NEGLECT:

Child and Vulnerable Adult Protection Laws:

 Laws protect vulnerable populations, such as
children and individuals with psychological
disorders, from abuse and neglect.
 Reporting and investigation procedures are
typically established to ensure their safety.
7. MENTAL HEALTH FACILITIES AND SERVICES:

Facility Standards:
 Laws often set standards for mental health facilities,
including the quality of care, safety measures, and
licensing requirements.
Community-Based Care:
 Legal frameworks may encourage or mandate the
provision of community-based mental health services to
reduce institutionalization and promote integration into
society.
8. CRIMINAL JUSTICE SYSTEM:

Mental Health Courts:

 Some jurisdictions have established specialized
mental health courts to divert individuals with
psychological disorders away from the criminal
justice system and into treatment programs when
appropriate.
9. ADVOCACY AND AWARENESS:

Mental Health Advocacy Laws:

 Laws may support mental health advocacy
organizations and public awareness campaigns to
reduce stigma, increase understanding of mental
health issues, and advocate for the rights of
individuals with psychological disorders.
 CONCLUSION
 It's important to note that the specific legal
frameworks and protections for individuals with
psychological disorders can vary widely from one
country to another.
 However, international human rights standards,
such as those outlined in the Convention on the
Rights of Persons with Disabilities (CRPD),
provide a global framework for the rights and
protection of individuals with disabilities,
including those with psychological disorders.
 States are encouraged to align their laws and
policies with these international standards to ensure
the rights and well-being of individuals with
psychological disorders are respected and upheld.
 International human rights standards provide a
framework for ensuring the rights of individuals
with mental health conditions, and states are
encouraged to align their laws and policies with
these standards to provide adequate protection and
care for their citizens.
THANKYOU