1. Mental Health Policy, Human Rights & the Law Mental Disability Advocacy Program Open Society Institute Camilla Parker October 2004

2. Human Rights Instruments Universal Declaration of Human Rights (1948) Universal Declaration of Human Rights (1948) European Convention on Human Rights (1950) European Convention on Human Rights (1950) European Social Charter (1961, revised 1991) European Social Charter (1961, revised 1991) International Covenant of Civil & Political Rights (1966) International Covenant of Civil & Political Rights (1966) International Covenant of Economic, Social & Cultural Rights (1966) International Covenant of Economic, Social & Cultural Rights (1966) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) Charter of Fundamental Rights of the European Union (2000) Charter of Fundamental Rights of the European Union (2000)

3. Standard Rules on the Equalization of Opportunities for Persons with Disabilities Purpose is to ensure that disabled people may exercise the same rights and obligations as others Purpose is to ensure that disabled people may exercise the same rights and obligations as others States should take action to remove the obstacles preventing disabled people from exercising their rights and freedoms and making it difficult for them to participate fully in the activities of their societies States should take action to remove the obstacles preventing disabled people from exercising their rights and freedoms and making it difficult for them to participate fully in the activities of their societies

4. Principles for the Protection of Persons with Mental Illness The right to live and work, to the extent possible, in the community The right to live and work, to the extent possible, in the community The right to receive such health and social care as is appropriate to the person’s health needs, care to be provided in accordance with the same standards as other ill persons The right to receive such health and social care as is appropriate to the person’s health needs, care to be provided in accordance with the same standards as other ill persons

5. Key Goals: Equal Citizenship & Social Inclusion for people with mental health problems Equal Citizenship: be able to exercise the same rights as everyone else Equal Citizenship: be able to exercise the same rights as everyone else Social inclusion: have the same opportunities as everyone else to have choice in their daily lives, to be independent and participate fully in their communities Social inclusion: have the same opportunities as everyone else to have choice in their daily lives, to be independent and participate fully in their communities

6. Principles for reform Ensure respect for rights and freedoms Ensure respect for rights and freedoms Protect against discrimination Protect against discrimination Promote personal autonomy and independence Promote personal autonomy and independence Provide care on the basis of individual need Provide care on the basis of individual need Address barriers to social inclusion Address barriers to social inclusion Enable participation Enable participation

7. Implications for Mental Health Policy: Services Assessments to address individuals’ health, social care and other support requirements Assessments to address individuals’ health, social care and other support requirements Provide services to meet individuals’ assessed needs, taking their views and preferences into account Provide services to meet individuals’ assessed needs, taking their views and preferences into account Wherever possible, provide community-based services Wherever possible, provide community-based services Service planning to involve service users & families Service planning to involve service users & families Establish mechanisms to monitor & review the services provided, involving service users & families Establish mechanisms to monitor & review the services provided, involving service users & families

8. Implications for Mental Health: Protection of Rights Individuals should be given the opportunity to make decisions for themselves and provided with the support to assist this where necessary Individuals should be given the opportunity to make decisions for themselves and provided with the support to assist this where necessary Any intervention to be on the principle of least restrictive alternative Any intervention to be on the principle of least restrictive alternative Establish mechanisms to safeguard individuals’ rights e.g. complaints, independent review of detention Establish mechanisms to safeguard individuals’ rights e.g. complaints, independent review of detention

9. Implications for Mental Health: Addressing Stigma & Discrimination Anti-discrimination laws and policies to protect people with mental health problems Anti-discrimination laws and policies to protect people with mental health problems Workforce to receive training on mental health and disability issues Workforce to receive training on mental health and disability issues Develop public awareness campaigns Develop public awareness campaigns

10. Mental Health Policy and Related Legislation (1) Circumstances justifying compulsion and safeguards when powers used Circumstances justifying compulsion and safeguards when powers used Complaints procedures and powers of monitoring & inspection bodies to take action against poor care and/or abuse Complaints procedures and powers of monitoring & inspection bodies to take action against poor care and/or abuse Anti-discrimination legislation – and review of laws to check against unfair discrimination Anti-discrimination legislation – and review of laws to check against unfair discrimination

11. Mental Health Policy and Related Legislation (2) Provision of support to meet assessed health and social care needs Provision of support to meet assessed health and social care needs Legal & financial mechanisms setting out different agencies responsibilities for the planning & delivery of services Legal & financial mechanisms setting out different agencies responsibilities for the planning & delivery of services Decision-making on behalf of individuals who lack capacity Decision-making on behalf of individuals who lack capacity

12. Mental Health Policy & Human Rights ‘…the end goal of the human rights model is to build societies that are genuinely inclusive, societies that value difference and respect the dignity and equality of all human beings regardless of difference’