Mental Health, Human Rights, and Legislation: Guidance and Practice

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For anyone who isn’t yet aware, the World Health Organisation has official guidance on Mental Health, human rights and legislation.

Summary:

The WHO document on mental health, human rights, and legislation titled "Mental Health, Human Rights, and Legislation: Guidance and Practice”  was published jointly with the UN in 2023. It provides a comprehensive framework for developing and reforming mental health laws that align with international human rights standards, particularly under the Convention on the Rights of Persons with Disabilities (CRPD). Key points of the guidance include:

1. Rights-Based Approach: The document emphasizes a shift from biomedical models that often rely on coercive practices toward community-based, person-centered approaches. It advocates for eliminating practices like involuntary hospitalization and restraint, instead promoting free and informed consent.
2. Equality and Non-Discrimination: It highlights the need for legislative protections to ensure people with mental health conditions or psychosocial disabilities are treated equally. This includes anti-discrimination measures in health services and broader societal inclusion efforts.
3. Legal Capacity and Informed Consent: It underscores the importance of respecting legal capacity, prohibiting substitute decision-making, and ensuring informed consent. Legislative provisions encourage supported decision-making models that respect individual autonomy.
4. Community Inclusion and Access: The guidance stresses the importance of community-based mental health services as opposed to institutionalized care. It advocates for integrating mental health support within general health systems and includes considerations for gender, cultural, and age-appropriate care.
5. Stakeholder Involvement: It advises that stakeholders, especially those with lived experience, be actively involved in legislative processes to create laws that truly meet the needs and respect the rights of individuals affected by mental health conditions.
6. Accountability and Monitoring: Independent monitoring bodies are recommended to oversee mental health services, ensuring adherence to human rights standards and providing pathways for redress when rights are violated.

This framework aims to guide countries in transforming their mental health laws and systems to be more inclusive, equitable, and respectful of individual rights .