A/HRC/38/36
(m) Implement measures to empower detained and confined persons to
exercise meaningful autonomy and participate in health-care decisions, with
appropriate support and accommodation where needed;
(n)
Promote the participation of formerly or currently detained or confined
persons and their families and civil society in accountability arrangements, while
developing strategies within national human rights institutions and national
preventive mechanisms for the inclusion of a right-to-health approach in monitoring
and promotion functions.
99.
The Special Rapporteur calls on the international community to scale up
support for community-based interventions that effectively safeguard individuals
from discriminatory, arbitrary, excessive or inappropriate confinement.
100. The Special Rapporteur urges other relevant stakeholders to include in debates
on mental health the issue of the “insanity” defence and of other criminal justice tools,
such as mental health courts and security measures, considering how they may
reinforce systemic human rights failures in prisons and mental health settings.
21
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