A/HRC/34/32 changes are necessary in current approaches to the protection of their rights and how that protection is implemented in policy. Key to this is recognizing that the individuals concerned, including children, have agency, self-determination and rights, which should be protected and respected. 35. The following sections of the report include recommendations for action to implement the changes necessary to address the challenges identified. They are organized, structurally, around the integration of a human rights-based approach, good practices and technical support and capacity-building, although their cross-cutting objective is, ultimately, the protection of the rights of the groups identified in Council resolution 32/18. A. 1. Human rights-based approach Data collection 36. The collection of comprehensive qualitative and quantitative data is a vital component of a human rights-based approach. In the context of mental health, data collection should focus, inter alia, on resource allocation, disparities in access to health care and support, the identification of the most vulnerable and marginalized, patterns of discrimination, access to employment, housing and education, and the general socioeconomic situation of persons using mental health services. Data should be disaggregated by age, sex, socioeconomic status, disability and other factors, as relevant to the national context, and should be utilized to inform policy formulation and legislation and develop effective responses. 2. Creating an enabling legal and policy environment for the enjoyment of rights 37. Few countries have a legal framework that adequately protects the rights of users of mental health services, persons with mental health conditions or those with psychosocial disabilities. Given the direct impact of laws and policies on the realization of human rights, a legal and policy environment which upholds them is vital and furthermore is mandated by the obligation of States to respect, protect and fulfil rights. 38. A thorough review of laws and policies, with a view to establishing the extent to which persons with mental health conditions, users of mental health services and persons with psychosocial disabilities enjoy their human rights, both within the mental health system and in the broader social context, is an essential first step to ensuring an enabling environment. The policy and law review should be evaluated against the human rights standards outlined in the present report and should specifically integrate a focus on the underlying determinants of mental health. Action mandated by the relevant findings should form part of a national strategy and plan on mental health, the implementation of which is backed by adequate resources. 39. Following this human rights-based assessment, States should update or repeal, as appropriate, all existing laws, including legislation on employment, equality and nondiscrimination, social protection, housing and education, to ensure that persons with mental health conditions are not discriminated against and have the same opportunities on an equal basis with others. 40. A human rights-based approach to mental health requires attention to its underlying determinants which, as noted earlier, include violence and abuse, adverse childhood experiences, early childhood development and whether there are supportive and tolerant relationships in the family, the workplace and other settings. Addressing these and other determinants involves coordinated action across the health and other relevant sectors with a view to ensuring policy coherence and the full protection of the rights of persons with mental health conditions, as outlined in the present section. 12

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