Mental health care is an essential component of healthcare systems worldwide. However, the treatment of individuals with mental health conditions has often been marred by human rights abuses, stigma, and discrimination. In response to these issues, the World Health Organization (WHO) and Office of the United Nations High Commissioner for Human Rights (OHCHR) have developed guidance to improve laws addressing human rights abuses in mental health care. This post provides a brief overview of the significance of the guidance in promoting the rights and well-being of individuals with mental health conditions, and how Scotland’s own record compares.
The WHO-OHCHR Guidance
The guidance underscores the importance of placing human rights at the heart of mental health care policies and practices, recommending revision or enaction to mental health legislation to align with international human rights standards, such as ending forced treatment and institutionalisation.
It recommends a shift away from institutional care and promotion of community-based mental health services which allows individuals to receive care and support in a more integrated, inclusive, and less restrictive environment, fosters social inclusion and recovery.
The guidance also covers informed consent and advance directives, and effective mechanisms for monitoring and oversight to ensure compliance with human rights standards.
Significance of the Guidance
The WHO-OHCHR guidance reaffirms the fundamental human rights of individuals with mental health conditions and offers a framework for their protection. It has the potential to influence legislation and policies at a global level, encouraging countries to align their mental health laws with human rights standards. It also promotes a paradigm shift from outdated, coercive approaches towards more humane and inclusive community-based care and recognises that the presence of mental ill-health is not justification for limiting a person’s rights and freedoms and access to support and services.
Scotland’s Record
The Scottish Mental Health Law Review, commissioned in 2019, considered and recommended ways to better protect and promote the human rights of people through mental health, capacity and adult support and protection legislation. It is hoped that this work will help to bring about a huge difference in the lives of people who experience mental and intellectual disabilities by making sure they get the support they need and giving them more say in their own lives. It can also be used globally as a model for other countries who are trying to incorporate the CRPD and follow WHO-OHCHR guidance into law, practice and policy.
Conclusion
The WHO-OHCHR guidance represents a milestone in the fight for the rights and well-being of individuals with mental health conditions. By championing human rights, promoting community-based care, and challenging stigma, this guidance offers a pathway to a more compassionate, inclusive, and just mental health system. It is a call to action for governments, healthcare providers, and society at large to ensure that mental health care respects the dignity and autonomy of every individual. The Scottish Mental Health Law Review’s recommendation also sought to do this and although these recommendations preceded the WHO-OHCHR guidance very much aligns with the guidance’s approach.
