Mental health and human rights

More than 1 in 10 people are living with a mental health condition at any one time. Yet, treatment coverage is unacceptably poor, and especially in low- and middle-income countries. Poor mental health is a predisposing factor for poor physical health and a much-reduced life expectancy. The absence of community-based mental health holistic support in many parts of the world means the only support available is in psychiatric institutions, which are associated with gross human rights violations, such as degrading treatment and abuse, violence, including seclusion, isolation and restraint, used as punishment and coercion, and many other violations spanning basic civil, cultural, economic, political, and social rights.

The experience of persons with mental health conditions is shaped by the marginalisation of mental health in laws and public policy. This manifests itself in, among other areas, discrimination, exclusion from public and social life, inequality of access to opportunities, and the overrepresentation of persons with mental health conditions among populations living in poverty.

Indeed there is a strong link between mental health and poverty, and the economic hardship resulting from the inadequate realisation of the rights to education, work, housing, food and water, among other human rights.

The Covid-19 pandemic has highlighted the urgent need for States to appropriately address mental health based on human rights in the response to and recovery from the COVID-19 pandemic. The pandemic itself continues to threaten health and wellbeing for the general population. In addition, the pandemic has had an impact on mental health across different population groups, with a disproportionate negative impact on persons with mental health conditions or psychosocial disabilities as well as older persons, and persons belonging to other groups in vulnerable situations. Persons residing in institutional settings have faced a higher risk of contagion, confinement, overmedication, isolation and death.

Reports and Consultations

Human Rights Council Intersessional consultation 15 November 2021

Human Rights Council resolution A/HRC/43/13 on mental health and human rights requested that the United Nations High Commissioner for Human Rights (OHCHR) convene a consultation to discuss the best ways to harmonize national laws, policies and practices relating to mental health with the Convention on the Rights of Persons with Disabilities (CRPD). OHCHR will prepare and submit a report thereon to the Human Rights Council at its forty-ninth session.

Objective

The consultation was a space to highlight promising practical experiences in reforming law and policy related to mental health based on human rights. This includes efforts to harmonize national laws, policies and practices relating to mental health with the CRPD; to promote and protect the rights of persons with mental health conditions or psychosocial disabilities in mental health systems, and to address the underlying social, economic and environmental determinants of mental health.

The virtual consultation was attended by UN Member and Observer States, Treaty Body members, Special Procedures’ mandate holders, Intergovernmental Organizations, UN agencies, funds and programmes, International Organizations, National Human Rights Institutions, organizations of persons with disabilities and other civil society organizations.

High level opening presentations

• Ms. Michelle Bachelet, High Commissioner for Human Rights, Office of the High Commissioner for Human Rights (OHCHR)
  
• Dr. Zsuzsanna Jakab, Deputy Director-General, on behalf of Dr. Tedros Adhanom Ghebreyesus, Director-General, World Health Organization (WHO)
  
• Ms. Stéphanie Wooley, Deputy Board Member, European Network of (Ex) Users and Survivors of Psychiatry
  
• Dr. Marcelo Queiroga, Minister, Ministry for Health, Brazil (pre-recorded video message)
  (transcript)
  
• Dr. Marta Temido, Minister, Ministry for Health, Portugal (pre-recorded video message)
  (transcript)
  )

Presentations of the panellists

Segment 1: Exploring and sharing positive experiences in reforming mental health systems guided by a human rights-based approach in order to move from practice to policy.on public policy reform

• Dr. Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
  
• Dr. Michelle Funk, Unit Head, Policy, Law and Human Rights Unit, Department of Mental Health and Substance Use, WHO PowerPoint
  
• Mr. Michael Njenga, Regional Mental Health Advisor for Africa, CBM Global
  
• Dr. Kashef Ijaz, Vice-President, Health Programmes, The Carter Center (pre-recorded video message)
  (transcript)
  )
• Ms. Sera Davidow, Director, The Wildflower Alliance (formerly the Western Massachusetts Recovery Learning Community) PowerPoint
  

Segment 2: Highlighting key aspects of legal reform based on the Convention on the Rights of Persons with Disabilities

• Dr. Yuri Cutipé, Director of Mental Health of the Ministry of Health, Peru (in Spanish)
  
• Ms. Penelope Weller, RMIT University, Melbourne, Australia
  
• Mr. Gerard Quinn, Special Rapporteur on the rights of persons with disabilities
  
• Ms. Rosemary Kayess, Chair, Committee on the Rights of Persons with Disabilities (pre-recorded video message)
  (transcript)
  
• Ms. Elizabeth Kamundia, Assistant Director, Kenya National Commission on Human Rights
  
• Mr. Nils Melzer, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (pre-recorded video message)
  
• The Power of Purpose, poem by Erin May Kelly

Conclusions and closing

• Ms. Bhargavi Davar, Director, Transforming Communities for Inclusion (TCI)
  
• Ms. Peggy Hicks, Director, Thematic Engagement, Special Procedures and Right to Development, OHCHR
  
• H.E. Mr. Rui MACIEIRA, Permanent Representative of Portugal to the United Nations Office in Geneva
• H.E. Tovar DA SILVA NUNES, Permanent Representative of Brazil to the United Nations Office in Geneva
  

Panellists’ bios 

Interventions from the floor and other written documents submitted for the consultation

• Israel
  
• The United Kingdom of Great Britain and Northern Ireland
  
• Costa Rica
• American Association of Psychologists
  
• The Center for the Human Rights of Users and Survivors of Psychiatry
  
• Citizens Commission on Human Rights, European Office
  
• Committee on Social Affairs, Health and Sustainable Development of the Parliamentary Assembly of the Council of Europe
  
• Malaysia
  
• Timor Leste
  
• World Federation for Mental Health
  
• John Ede
  
• Lene Sovold
  
• Centre for Mental Health Law & Policy, Indian Law Society (Pune, India)

Audio recording

https://conf.unog.ch/digitalrecordings/

Background documents

• Programme
• Concept note
  
• Guidance for speakers' list

• Human Rights Council resolution 43/13 on Mental health and human rights (2020)
• Human Rights Council Resolution 36/13 on Mental health and human rights (2017)
• Human Rights Council Resolution 32/18 on Mental health and human rights (2016)
• Report of the Special Rapporteur on the rights of persons with disabilities (2018) (A/73/161)
• Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on the global agenda for mental health that is human rights-based (2020) (A/HRC/44/48)
• Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on the role of the determinants of health in advancing the right to mental health (2019) (A/HRC/41/34)
• Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on mental health (2017) (A/HRC/35/21)
• Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (2020) (A/HRC/43/49)
• United Nations High Commissioner for Human Rights, Report on mental health and human rights on the consultation on human rights and mental health held in Geneva on 14 and 15 May 2018 (A/HRC/39/36)
• WHO QualityRights training & guidance tools
• WHO Guidance on community mental health services: Promoting person-centred and rights-based approaches (2021)

Read more about previous reports and consultations