Worse, the abuses to which people with mental disabilities have been exposed have generally not been recognized as violations of human rights even by organizations that are engaged in human rights work 13 Id. However, the exclusion of mental health rights from mainstream human rights international law began to be addressed in the last two decades of 20th century. The perception of mental laws as not being part of human rights were changing as a result of a large movement and huge efforts by many participating actors 14 Perlin, Michael and Szeli, supra 4. After these efforts, many people began to understand how interconnected human rights law and mental law really were: 1 mental health policy affects human rights; 2 human rights violations affect mental health; and 3 positive promotion of both mental health and human rights are mutually reinforcing 15 Gostin, page However, there were several legally non-binding instruments that were adopted by the UN later in the s, including the UN Declaration on the Rights of Mentally Retarded Persons that served as a guideline for good practices in the area of mental health.
Two special rapporteurs to investigate the human rights needs of persons with mental disabilities were appointed at this time by the UN as well 17 Id. The MI Principles, however, still reflected the old views of the principle of informed consent and involuntary medical treatment endorsing it when a person is considered to lack competence 21 Id.
Other non-legally binding documents were adopted in the s and served as interpretive guidelines to international treaty obligations, including the Standard Rules for Equalization of Opportunities for Persons with Disabilities and the Declaration of Madrid GAOR, 56th Sess. Kantor, The promise and challenge of the disability convention, p. While the previous instruments, declarations, documents, and other initiatives provided general legal foundations and overall coverage for the persons with mental disabilities, CRPD was the main comprehensive instrument that established international legal standards for the specific protection of the rights of people with disabilities as a defined vulnerable group.
After the CRPD was opened for signature on March 30, , it became the most swiftly ratified international treaty in history 28 Id. The Convention entered into force on May 3, This convention establishes a comprehensive international framework to guide national policy and law making with the end goal of building a disability-inclusive society. These established international instruments promote, facilitate and support disability inclusive practices and processes among signatory states. Once these international instruments were established, national systems would be required to adopt and harmonize legislation, norms and practices in order to comply with these international standards 30 Id.
Debate: Limitations on universality: the "right to health" and the necessity of legal nationality
The committee consists of 18 independent experts who meet in Geneva three times a year to review the periodical national reports on implementation of the CRPD, to work on general comments of certain provisions of the CRPD, and to respond to the communications on violations of human rights that are covered by the CPRD.
In September , the UN Inter-Agency Support Group on the Convention on the Rights of Persons with Disabilities IASG was established per a decision by the CEB to strengthen coordination and coherence of the work of UN agencies, funds and programs and to promote their policies and mechanisms to be inclusive of and accessible to persons with disabilities.
Thus, the CRPD outlines rights that, arguably, are already covered by other UN treaties, but the CRPD frames these rights in a way that is specific for people with disabilities, a group of persons rarely referred to in those other human rights treaties 33 Gooding, supra The main goal of the convention is the elimination of discrimination against persons with disabilities and providing assurances that rights are to be enjoyed on an equal basis with others. Specifically, the CRPD enumerates many rights that are also covered by other treaties, including the civil and political rights such as the right to liberty and integrity of persons, right to freedom of expression, right to privacy, the right to be free from torture and inhuman treatment, and rights to equal treatment and access to justice 39 Id , articles 14, 17, 21, 22, 15, 12, The CRPD also lists the rights of an economic, social and cultural nature, including the rights to health, right education and home and family life 40 Id , article 23, 24, As stated earlier, some of these rights have been framed so as to have particular relevance to people with disabilities: the right to be free from exploitation and abuse, the right to non-discrimination, the right to personal mobility, the right to independent living and community inclusion, the right to work and employment, and the right to participation in cultural life 41 Ventura, citing articles 5, 19, 27, 28, State Parties are required on a periodic basis to report to the Committee on their progress in implementing the Convention, and the Committee in turn publishes comments about this progress.
Crucially, Article 33 of the Convention requires governments to ensure that representatives of civil society, in particular persons with disabilities and their representative organizations, are fully involved in monitoring the implementation of the Convention.
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Furthermore, for states that have ratified the optional protocol, individuals who consider themselves victims of violations of the Convention will be able to make formal complaints for determination by the Committee. The regional human rights instruments and systems serve as additional tools of protection of the rights for persons with mental disabilities. Moreover, due to the fact that states have to create implementation mechanisms on the national level, and due to the specificities of the local systems, regional systems may provide more direct, targeted, specific means of protection.
Regional courts are able to review the complaints and actions from local residents and provide redress for their grievances in cases where local courts were not able to address the disputes to the satisfaction of the petitioners.
Such bodies are also used to challenge the local polices, practices and processes that discriminate and violate the rights of persons with disabilities 43 Ventura, supra 5. Of the various regional systems, the European regional system is relatively well developed, and has a sophisticated approach to the matters of mental health and protections of the rights of persons with mental disabilities 44 Fennell, Philip, The Third Way in Mental Health Policy: Negative Rights, Positive Rights and the Convention.
It was the first regional instrument to give effect to and make binding certain rights stated in the Universal Declaration of Human Rights.
Article 3 of the ECHR states that none shall be subjected to torture or to inhuman or degrading treatment or punishment. Generally, the European Court of Human Rights ECtHR applied this article in cases where intent or purpose to inflict degrading treatment was present, so this article was not applied in many occasions in cases with persons with mental disabilities 47 Gostin, supra 4. Once applied, however, European Torture Convention might be relevant as well. Article 5 of the ECHR guarantees that everyone has a right to liberty and security of persons.
The UN Committee on Economic Social and Cultural Rights has stated that the right to health is also closely related to and dependent upon the realisation of a number of other human rights, including the rights to work, education, human dignity, life, non-discrimination, equality, privacy, access to information, and the freedoms of association, assembly and movement. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. You may be trying to access this site from a secured browser on the server.
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Where does the right to health come from? When do I need to consider the right to health? What is the scope of the right to health?
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Can the right to health be limited? Which domestic laws relate to the right to health? What other rights and freedoms relate to the right to health? Articles from relevant Conventions Where can I read more about the right to health? The CRC requires that appropriate measures be taken to diminish infant and child mortality.
This list should not be regarded as exhaustive. Article 12 2 of ICESCR provides that the steps to be taken by countries to achieve the full realisation of the right to health shall include those necessary for: The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child; The improvement of all aspects of environmental and industrial hygiene; The prevention, treatment and control of epidemic, endemic, occupational and other diseases; The creation of conditions which would assure to all medical service and medical attention in the event of sickness.
Right to health - Wikipedia
Declaration on the Rights of Indigenous Peoples The Declaration on the Rights of Indigenous Peoples contains provisions relevant to the right of Indigenous peoples to health. Obligations of progressive realisation Under article 2 1 of ICESCR, a country is obliged to take steps 'to the maximum of its available resources, with a view to achieving progressively the full realisation' of the rights recognised in ICESCR.
Obligations of immediate effect The Committee has stated that, notwithstanding the progressive realisation provision, there are two obligations that are of immediate effect. The right to health may also be relevant to: the right to an adequate standard of living, including adequate food, clothing and housing in article 11 of ICESCR the rights of people with disability in the CRPD the prohibition on torture and ill-treatment in article 7 of the International Covenant on Civil and Political Rights and in the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment.
Articles from relevant Conventions International Covenant on Economic, Social and Cultural Rights Article 12 1 The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. COE treaties relevant to public health can be found by selecting search on treaties, then search by subject matter and select public health. Zuniga, Stephen P. Marks, Lawrence O. A38 H43 T63