HUMAN RIGHTS

1. HUMAN RIGHTS Right of everyone to the enjoyment of the highest attainable standard of physical and mental health Heather Payne-Drakes

2. Role of Human Rights Human rights guarantee protection from harm and abuse, ensures freedom of expression and participation in society The absence of these rights impacts on the mental health and well being of all persons

3. United Nations: International Framework for Human Rights Places Human Rights within a Legal Framework Promotes the rights of persons with mental disabilities and provide individual governments with guidance for the development of mental health laws, policies, services and strategies.

4. International Bill of Rights Universal Declaration of Human Rights (UDHR)1948 International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 International Covenant on Civil and Political Rights(ICCPR) 1966

5. Bill of Rights - UDHR Based on the premise that all persons are “born free and equal in dignity and rights” the UDHR enshrines the rights to equality before the law; right to employment; the right to education and the right to share in the social and cultural life of the community.

6. Bill of Rights - ICESCR & ICCPR ICESCR - Expand on the UDHR to underscore the economic, social and cultural rights of individuals ICCPR - Right to freedom from inhumane and degrading treatment, the right to liberty and security, recognition as a person before the law, right to privacy and right to marry, freedom of thought, and religion among others

7. Highest attainable standard of physical and mental health The Convention on the Rights of Persons with Disabilities reaffirms that the existence of a disability is not a lawful justification for any deprivation of liberty, including denial of informed consent Persons with disabilities who are not able to exercise their legal capacity must be treated according to the standards acceptable for those with disabilities in equal circumstances

8. UN Convention on the rights of Persons with Disabilities (CRPD) Adopted in 2006: Right to equality before the law and legal capacity, and freedom from discrimination Right to liberty and security of person Informed consent Freedom from cruel, inhumane and degrading treatment The right to health, habilitation, and rehabilitation

9. UN Principles for the Protection of Persons with Mental Illness 1991 • CRPD supersedes the MI Principles which detailed the • Right to medication • Right to consent of treatment • Review cases of involuntary admission and treatment • Right to access to medical information • Complaints, monitoring and remedies • Mental health care in the community

10. MI Principles “All persons with a mental illness, or who are being treated as such persons, shall be treated with humanity and respect for the inherent dignity of the human person…There shall be no discrimination on the grounds of mental illness…”

11. Human Rights Enacted through Legislation • Legislation provides a legal framework to address human rights issues on a national level: • Protection against inhumane and degrading treatment • Integration of people with mental disorders into their communities • Improving quality of care • Fostering Inter-sectoral linkages

12. Respecting the Rights of People with Mental Disorders Access to information, including information about their basic rights Confidentiality and privacy Humane mental health facilities Protection from cruel, inhumane, and degrading treatment, including forced labour The option to communicate freely with friends, family and others

13. Human Rights Violations Poverty: Unemployment, limited educational opportunities, lack of food, shelter and access to healthcare Stigmatization and discrimination: alienation, despair, loss of dignity and self worth Restrictions in civil liberties: right to vote, to participate, freedom of expression

14. 1993 Australian Inquiry into HR • The Inquiry found that people affected by mental illness are characterized as follows: • Among the most vulnerable and disadvantaged in our community • Suffer from widespread systemic discrimination • Consistently denied the rights and services to which they are entitled

15. UN General Assembly, 64th Session: Special Report • 2009 Report - On the right of everyone to enjoy the highest attainable standard of physical and mental health found that: • Persons with disabilities often suffer from unjustified perception of being incompetent or dangerous to themselves or others. • Such prejudices, coupled with existing laws and practices limit legal capacity, and often compromise their right to informed consent.

16. Preserving Human Rights Within the Family and Home Unit People with mental disorders are vulnerable to violations both inside and outside the institution Violations occur within their own communities and within the confines of their own homes

17. Preserving Human Rights in the Society Right to Employment Right to Education Right to Housing Right to Mental Health Care Right to General Health Care

18. How can Community Leaders Advocate for Human Rights Ensure that individuals are actively included in the community Promote respect for home and family of all constituents Ensure that educational opportunities are inclusive Reinforce the need for habilitation and rehabilitation Promote equal opportunity to work and employment

19. How can Community Leaders Advocate for Human Rights (2) Promote adequate standard of living and social protection for all Facilitate participation in political and public life Facilitate participation in cultural life, recreation, leisure and sport Become aware of stigma and discrimination in the community and take concrete action to eliminate them

20. Absence of Stigma & Discrimination Promotes Health Promotes mental wellness Promotes prevention Improves access to treatment Protects the right of all to good health care Stigma and discrimination diminishes the individual’s capacity to access appropriate care, to integrate into society, and to recover from illness

21. Highest attainable standard of physical and mental health Increased personal satisfaction Increased family satisfaction Increased community satisfaction Social, cultural, political, economic entities responding to the needs of individuals, families and the community & actively advocating for the human rights of all

22. HUMAN RIGHTS Right of everyone to the enjoyment of the highest attainable standard of physical and mental health “…There shall be no discrimination on the grounds of mental illness…”