A/HRC/34/32
2.
Stigma and discrimination
15.
There are many negative beliefs around mental health conditions, such as that they
are evidence of personal weakness or that they have their origins in witchcraft or spiritual
or supernatural phenomena. 24 Together with deeply engrained, adverse stereotypes around
persons living with or perceived as having mental health conditions, including the belief
that they are incapable of exercising agency over decisions that affect them or of
contributing positively to society, these misconceptions have been largely responsible for
creating and perpetuating stigma and discrimination.
16.
This stereotyping, prejudice and stigmatization is present in every sphere of life,
including social, educational, work and health-care settings, and profoundly affects the
regard in which the individual is held, as well as their own self-esteem. The lack of
systematic training and awareness-raising for mental health personnel on human rights as
they apply to mental health allows stigma to continue in health settings, which
compromises care. In relation to access to health care, medical insurance schemes often
incorporate terms that indirectly discriminate against persons with mental health conditions.
Pre-existing conditions or assessments, for instance, may disqualify them from obtaining
full health coverage, based on a diagnosis of a mental health condition.
3.
Lack of free and informed consent
17.
As noted by the Special Rapporteur on the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health, informed consent is not mere
acceptance of a medical intervention, but a voluntary and sufficiently informed decision,
protecting the right of the patient to be involved in medical decision-making and assigning
associated duties and obligations to health-care providers.25 In order for consent to be valid,
it should be given voluntarily and on the basis of complete information on the nature,
consequences, benefits and risks of the treatment, on any harm associated with it and on the
availability of alternatives.26 Involuntary treatment refers to the administration of medical
or therapeutic procedures without the consent of the individual. Treatment administered, for
example, on the basis of misrepresentation would constitute involuntary treatment, as
would treatment given under threat, without full information or on dubious medical
grounds. 27 Guaranteeing informed consent is a fundamental feature of respecting an
individual’s autonomy, self-determination and human dignity. 28
B.
Systemic challenges applicable to mental health
18.
The right to health entitles rights holders to a health system that supports the
attainment of the highest level of health. The concerns identified below have particular
relevance in the context of this standard and for the availability, acceptability, accessibility
and quality of mental health services.
24
25
26
27
28
WHO and World Organization of Family Doctors, Integrating Mental Health into Primary Care: a
Global Perspective, p. 168.
See A/64/272, para. 9.
Ibid., para. 15.
European Agency for Fundamental Rights, “Involuntary placement and involuntary treatment of
persons with mental health problems” (2012), pp. 44-47.
See A/64/272, para. 18.
7
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