A/HRC/41/34
20.
States must facilitate, provide and promote conditions in which mental health and
well-being can be realized. Fulfilling the right to mental health requires the provision of not
just equitable health care (and alternatives to the biomedical model), but also of public
mental health interventions that can protect populations from key risk factors for poor
mental health. It requires action outside of the health sector in homes, schools, workplaces
and communities. It also includes facilitating the best possible start to life for children
through evidence-based family support, such as parental leave and conditions for safe
motherhood, supportive parenting interventions and early childhood education. States
should provide an adequate workforce to support these efforts, and rethink how to build
resources for social healing, community strengthening and the promotion of a healthy
society. States should also formulate national policies aimed at reducing or eliminating the
toxicity of the physical and psychosocial environment.
C.
Resource allocation
21.
Dedicating resources for the promotion of mental health is not an easy task, and
resource constraints vary from one country to another. States have an obligation to commit
a maximum of available resources to the progressive realization of the right to health. In its
general comment No. 14, the Committee on Economic, Social and Cultural Rights
acknowledged that resource constraints are impediments; the Covenant therefore provides
for progressive realization of the right to health. While the Special Rapporteur is concerned
that States do not invest enough resources in mental health in general, he is even more
concerned that a larger proportion of available resources are directed to ineffective systems,
reliant on excessive medicalization, coercion and institutionalization, breeding
stigmatization, discrimination, disempowerment and helplessness.
22.
The right to mental health also includes obligations of immediate effect, such as the
non-discriminatory provision of services to promote mental health and equitable access to
interventions and core determinants for those in the most marginalized situations. Core
obligations include the formulation and implementation of national public mental health
strategies across public policy sectors, and not just within the health-care framework. The
core obligations articulated by the Committee on Economic, Social and Cultural Rights in
its general comment No. 14 should be considered in conjunction with developments in
research and evidence on the promotion of mental health.
23.
In order to achieve progressive realization of the right to health, States should take
deliberate, concrete and targeted action towards fulfilling the right to mental health in all its
forms, including the promotion of mental health. By emphasizing the conditions necessary
to thrive and flourish, benchmarks can not only close the “treatment gap” but can also
support the development of indicators that focus on upstream protective factors, such as an
adequate standard of living and social inclusion.16
D.
Availability, accessibility, acceptability and quality
24.
To be compliant with the right to health, determinants of mental health must always
be available, accessible, acceptable and of good quality.
25.
Determinants of mental health and action to promote mental health must be
available in sufficient and adequate quantity. Availability means the presence of core social
and underlying determinants that are essential to the promotion of well-being for
individuals and society, including access to health-related information and education, and
healthy and positive relationships between individuals based on trust, respect and tolerance.
Importantly, community relationships and kinship can have benefits when factors such as
access to housing, food, social security and community integration are strengthened and
16
6
For a national example of the development of equity-based indicators for mental health, see National
Health Service Health Scotland, Scotland’s mental health: Adults 2012 (Edinburgh, 2012).
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