A/HRC/34/32
I. Introduction
1.
On 1 July 2016, the Human Rights Council adopted resolution 32/18 on mental
health and human rights. In the resolution, the Council requested the High Commissioner to
prepare a report on the integration of a human rights perspective in mental health and the
realization of the human rights and fundamental freedoms of persons with mental health
conditions or psychosocial disabilities, including persons using mental health and
community services, and to submit the report to the Human Rights Council at its thirtyfourth session. The Council specified that the report should identify existing challenges and
emerging good practices, make recommendations in that regard and identify means of
strengthening technical assistance and capacity-building, taking into account existing
activities and experiences in this area.
2.
The Office of the United Nations High Commissioner for Human Rights (OHCHR)
invited submissions from a range of stakeholders, including Member States, special
procedure mandate holders, United Nations human rights treaty bodies, the World Health
Organization and civil society organizations. OHCHR received a total of 40 submissions, of
which 18 were contributed by Member States. 1 Although the High Commissioner does not
reference individual submissions, they were an important source of the research on which
the report draws, particularly in relation to challenges and recommendations.
3.
Given the extensive scope of the resolution, and the fundamentally broad nature of
the human rights, mental health and disability agendas, the report is focused on providing
an overview of some of the most significant challenges faced by the groups identified in the
resolution, the normative framework applicable to their human rights and policies and
practices, which would support their full realization. The report also makes
recommendations in these areas, as well as in relation to capacity-building and technical
support.
II. Terminology and background
4.
The right to the highest attainable standard of physical and mental health is a
fundamental human right indispensable for the exercise of other human rights. 2 Health
describes a state of “complete physical, mental and social well-being and not merely the
absence of disease or infirmity”.3 Mental health may, in its turn, be defined as “a state of
well-being in which an individual realizes his or her own abilities, can cope with the normal
stresses of life, can work productively and is able to make a contribution to his or her
community”.4 In the case of children and adolescents, mental health refers to “the capacity
to achieve and maintain optimal psychological functioning and well-being”.5
5.
Three different categories should be clearly distinguished among those referred to in
resolution 32/18: persons using mental health services (who are current or potential users of
1
2
3
4
5
Submissions were received from the following Member States: Australia, Bolivia (Plurinational State
of), Brazil, Colombia, Egypt, Germany, Guatemala, Hungary, Ireland, Jamaica, Monaco, Netherlands,
Oman, Portugal, Qatar, Republic of Moldova, Saudi Arabia and Serbia.
See Committee on Economic Social and Cultural Rights, general comment No. 14 (2000) on the right
to the highest attainable standard of health, para. 1.
Constitution of the World Health Organization (WHO), preamble.
See www.who.int/mediacentre/factsheets/fs220/en/.
South Africa, Department of Health, Policy Guidelines: Child and Adolescent Mental Health (2001),
p. 4.
3
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