WHO And OHCHR Launch Guidance To Improve Mental Health Legislation And Human Rights
In a significant step towards addressing human rights abuses in mental health care, the World Health Organization (WHO) and the Office of the High Commissioner on Human Rights (OHCHR) have jointly released a groundbreaking guidance document titled "Mental Health, human rights and legislation: guidance and practice." This initiative came on the eve of World Mental Health Day, on Monday, underlining the commitment of these global organizations to promoting mental health as a universal human right.
The new guidance aims to support countries in reforming their legislation to put an end to human rights violations and enhance access to high-quality mental health care. It addresses a pressing issue that has long plagued mental health services worldwide, where involuntary hospitalization, unsanitary conditions, and various forms of abuse continue to be reported.
Dr. Tedros Adhanom Ghebreyesus, WHO Director-General, emphasized the importance of recognizing mental health as an integral part of the right to health. He stated, "This new guidance will support countries to make the changes needed to provide quality mental health care that assists a person's recovery and respects their dignity, empowering people with mental health conditions and psychosocial disabilities to lead full and healthy lives in their communities."
Volker Türk, UN High Commissioner for Human Rights, added, "Our ambition must be to transform mental health services, not just in their reach, but in their underlying values, so that they are truly responsive to the needs and dignity of the individual. This publication offers guidance on how a rights-based approach can support the transformation needed in mental health systems."
The guidance underscores the need for a shift towards community-based mental health care, as evidence demonstrates its superiority over institutional models. It suggests reallocating resources to prioritize community support systems, income support, housing assistance, and peer support networks over psychiatric hospitals. This change is expected to make mental health services more accessible, cost-efficient, and effective.
One of the key objectives of the guidance is to put an end to coercive practices in mental health care, including involuntary detention, forced treatment, seclusion, and restraints. Such practices infringe upon an individual's right to make decisions about their health care and treatment. Moreover, research shows that coercive practices can worsen both physical and mental health, isolating individuals from their support networks.
To address this issue, the guidance recommends legislative provisions that promote free and informed consent as the foundation of all mental health-related interventions. It also offers guidance on how to manage complex cases without resorting to coercive practices.
Crucially, the guidance is not limited to the healthcare sector alone. It is designed to be used by all legislators and policymakers involved in drafting, amending, and implementing legislation related to mental health, including laws addressing poverty, inequality, and discrimination. It encourages countries to assess their existing mental health-related legislation against international human rights standards and consult individuals with lived experience and their representative organizations during the process.
While the guidance provides a set of principles and provisions that can be incorporated into national legislation, it also recognizes the importance of tailoring these to suit the specific needs and circumstances of individual countries without compromising human rights standards.
On World Mental Health Day 2023, WHO, along with global communities, will commemorate the theme "Mental health is a universal human right." The release of this guidance is a significant step towards ensuring that this fundamental right is upheld for all individuals, regardless of their mental health condition. It offers hope for a future where mental health care is compassionate, respectful of human rights, and readily accessible to all.
