Mainstreaming the Human Right to Mental Health
Mental health is a global priority, and states and stakeholders are taking steps toward advancing a human right to mental health for all (APA, 2018). This is evidenced by international studies, initiatives, declarations, and domestic policy interventions.
From a right-based perspective, mental health is not the mere absence of a psychiatric condition or psychosocial disability (WHO, 2022). It speaks of an environment in which individuals live a life of dignity.
The application of human rights principles to mental health allows us to incorporate novel ideas about the role of all stakeholders in fostering the security, freedom, justice, and dignity of individuals. With this point of view in mind, many states are revisiting their mental health laws and governance practices.
Policy Interventions: Five Objectives
Broadly, most mental health policy interventions are led by five objectives: protection, promotion, creation, reform, and cooperation.
To protect means to protect persons from harmful activities and ensure that persons with mental illness, mental disability mental health problems are not discriminated against based on their mental health status (WPA, 2016).
To promote means to bring mental health in parity with physical health in national policies and budgets or medical education and practice (Special Rapporteur, 2017). It includes promoting a humane and dignity-based approach to understanding mental health, reflecting the needs of vulnerable groups based on ethnicity, religion, sexual orientation, gender identity, migration status, age, detention status, and disability.
This objective requires the creation of specific rights and institutional mechanisms to support the right to mental health.
Mental health policies in different states have recognized specific rights. These rights include, among others, the right not to be discriminated against on the ground of mental illness; freedom from arbitrary detention; the right to information about health services; mental health assessment during detention; the right to be protected from mental health risks; the right to justice for violations; the right to legal representation; the right to available, accessible, acceptable, and good quality care; and so on.
To reform means to repeal or amend existing laws, policies, and approaches that currently lead to negative mental health impacts.
Cooperation involves supporting and strengthening global partnerships and those between different actors—including civil society groups, the private sector, psychologists, social workers, nurses, users of services, and those living in poverty and the most vulnerable situations. (Special Rapporteur, 2017).
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