Human Rights And Mental Health
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This section provides an introduction to human rights. It also outlines key human rights principles that will be of particular relevance to the development of law and policy in relation to people with mental health problems and people with intellectual disabilities. Such policies and legislation are needed to provide a framework for the planning and provision of good quality services that are responsive to the needs of these individuals, respects their rights and promotes their social inclusion. Of particular importance is the recognition that although the human rights violations faced by people with mental health problems and people with intellectual disabilities are similar, their needs and the barriers to their social inclusion are in general very different.
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A key human rights principle, that is now reinforced by the United Nations Convention on the Rights of Persons with Disabilities (see below), is the full and effective participation and inclusion in society of persons with disabilities (this term includes people with mental health problems and people with intellectual disabilities). This requires the active involvement of persons with disabilities in the development and implementation of legislation and policies that affect them.
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| A wide range of human rights treaties | |
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In 1948, the United Nations (UN) adopted the Universal Declaration of Human Rights (UDHR). This was the first time that a range of ‘civil and political’ rights (such as the right to liberty and freedom from torture, inhuman and degrading treatment or punishment) and ‘economic, social and cultural’ rights (such as the right to work had the right to education) been set out in such detail. The UDHR has inspired numerous and wide-ranging legally binding international human rights instruments. These include:
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The International Covenant on Civil and Political Rights (1966) and the Optional Protocol to the International Covenant on Civil and Political Rights http://www2.ohchr.org/ english/ law/ ccpr-one.htm |
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The International Covenant on Economic, Social and Cultural Rights (1966) and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights http://www2.ohchr.org/ english/ law/ docs/ A.RES.63.117_en.pdf |
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The Convention on the Elimination of All Forms of Racial Discrimination (1965), http://www.unhchr.ch/ html/ menu3/ b/ d_icerd.htm |
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The Convention on the Elimination of All Forms of Discrimination against Women (1979), http://www.un.org/ womenwatch/ daw/ cedaw/ and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women http://www2.ohchr.org/ english/ law/ cedaw-one.htm |
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The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) http://www.unhchr.ch/ html/ menu3/b/ h_cat39.htm and the Optional Protocol to Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment http://www.unhchr.ch/ html/ menu2/6/ cat/ treaties/ opcat.htm. |
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The Convention on the Rights of the Child (1989) http://www.unhchr.ch/ html/ menu3 /b / k2crc.htm and |
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The Convention on the Rights of Persons with Disabilities (2006) http://www.un.org/ disabilities/ convention/ conventionfull.shtml and the Optional Protocol to the Convention on the Rights of Persons with Disabilities http://www2.ohchr.org/ english/ law/ disabilities-op.htm |
