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.
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