Mental Disabilities and the Human Right to the Highest Attainable Standard of Health

Abstract

See, e.g., eUropean coMMittee for tHe prevention of tortUre and inHUMan or degrading treatMent (cpt), tHe cpt standards: "sUBstantive" sections of tHe cpt's general reports 55 (2004), Doc. No. CPT/Inf/E (2002) 1-Rev. 2004. 10. See Mental disaBility rigHts international (Mdri) & asociación pro derecHos HUManos, HUMan rigHts and Mental HealtH in perU 12-14 (2004); Mental disaBility advocacy centre, cage Beds: inHUMan and degrading treatMent in foUr eU accession coUntries (2003); aMnesty international, roMania: MeMorandUM to tHe governMent concerning inpatient psycHiatric treatMent (2004).

Human Rights Violations and Mental Illness

“…However, it is also clear that these movements be considered within the contextual framework of culture and religion. P. Hunt and Mesquita (2006) suggest that legislation should consider the following when making decisions surrounding human rights and mental health: "participation, autonomy, dignity, inclusion, monitoring, and accountability" (p. 332). In response to this need for individual voice, the International Diploma on Mental Health Law was conceived, it comprised of an interdisciplinary team including service users and aiming to provide education, awareness, and reform on a countrywide basis (Drew et al, 2011).…”

“…Those with mental illness are at a higher risk of acquiring considerable physical health problems, which potentially shortens their lifespan (WHO, 2010). Human rights violations occur frequently within health care settings, if these services are available to those with mental health issues at all (P. Hunt & Mesquita, 2006). An example of this neglect can be found in a shelter in Indonesia that houses individuals with mental illness.…”

“…The traits of the mental health care system are regularly identified as inadequate and emotionally or physically abusive (Cooper, Ssebunnya, Kigozi, Lund, & Flisher, 2010). Individuals are often institutionalized for long periods of time without appropriate cause and are then subjected to conditions that include violence, substandard nutrition and cleanliness, torment, unconsented treatment as extensive as electroconvulsive therapy (ECT; P. Hunt & Mesquita, 2006), loss of dignity (Kogstad, 2009), and sedation as a control method (Mayers, Keet, Winkler, & Flisher, 2010). Violations in Zambia have included denial of food, restriction of movement, poverty due to cost of treatment, and being brought to hospital in chains or in the company of armed officials (Mwanza et al, 2011).…”

“…This concern is exacerbated by the fact that individual countries are able to enact their own regulations, definitions of mental health disorders, and principles. As a result, more than 40% of countries lack a mental health policy and more than 30% of countries lack a mental health program (P. Hunt & Mesquita, 2006). In some countries such as Zambia, policies exist but are antiquated, offensive, and based on colonial eras (Mwanza et al, 2011).…”

Mental Health Legislation: Does It Protect the Rights of People With Mental Health Problems?

“…Some of the human rights violations of persons with mental disorders include a lack of access to essential health care and treatment, inappropriate or forced admission to psychiatric facilities without the necessary protection, poor living conditions in psychiatric institutions, unnecessary or inhumane treatment, inappropriate use of seclusion and restraints, abuse from personnel or fellow patients during treatment, isolation from family and society, discrimination and loss of basic civil rights (Hunt & Mesquita, 2006). Mental health care has undergone significant changes in post-apartheid South Africa and the Mental Health Care Act No.…”