A/HRC/34/32
transparent and accessible mechanisms for participation are established or strengthened at
community, subnational and national levels.49
4.
Resources
45.
As noted above, the current expenditure on mental health falls far short of need and
fails to meet the requirement in the International Covenant on Economic, Social and
Cultural Rights to use the maximum available resources. In order to address this, priority
should be given to the development and adequate resourcing of human rights-based
strategies and plans on mental health, informed by the law and policy review recommended
above. Resources should, among other things, be directed towards: (a) raising the quality of
health care as well as ensuring availability, accessibility and acceptability; (b) improving
working conditions for mental health personnel; (c) strengthening health workforce
training, including in human rights; (d) ensuring the provision of the full range of support
services; (e) achieving equality between mental and physical health services across all
domains, including resource allocation, research and data; (f) emergency mental health
services; (g) community-based mental health services; (h) mental health promotion;50 and
(i) ensuring access to education, adequate housing, support for securing and retaining
employment, and social protection
46.
An overarching principle which should inform policy in this area is the duty of
States to invest resources in practices that uphold human rights and to adopt “do no harm”
evaluation criteria to avoid further human rights violations. Indeed, resource allocation
towards existing practices in mental health, which are contrary to international human
rights standards, may amplify the impact of harmful practices.
5.
Accountability
47.
Monitoring, review, remedial measures and corrective action, guided by human
rights-based, context-specific indicators, are cornerstones of any accountability
framework.51 Accountability should have as both a goal and a result the empowerment of
users, persons with mental health conditions and those with psychosocial disabilities,
including through legal and policy measures to ensure their participation in priority-setting
and policy formulation, implementation and review, and to ensure access to remedial
measures where appropriate.52
48.
Ensuring access to justice in accordance with article 13 of the Convention on the
Rights of Persons with Disabilities is essential to guaranteeing the redress of and
reparations for human rights violations, including arbitrary detention on the basis of
impairment. Effective remedies, available on an expedited basis, should be in place to
challenge the deprivation of liberty and uphold the principle of informed consent to medical
treatment. Practices that effectively deny fair trial rights (such as the denial of legal
capacity by requiring a guardian to act on a person’s behalf), or that may prevent access to
legal remedies (such as mandatory legal representation), should be discontinued and
prohibited by law.
49.
Article 16 of the Convention on the Rights of Persons with Disabilities calls for the
establishment of independent monitoring mechanisms for all services and facilities serving
49
50
51
52
14
Jyoti Sanghera and others, “Human rights in the new Global Strategy”, BMJ (September 2015).
Mackenzie and Kesner, “Mental health funding and the SDGs”, p. 12.
Independent Accountability Panel, “2016: Old challenges, new hopes. Accountability for the Global
Strategy for Women’s, Children’s and Adolescents’ Health” (2016), pp. 9-11.
Commission on Information and Accountability for Women’s and Children’s Health, “Keeping
promises, measuring results” (2011), p. 7.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents