A/HRC/44/48
State-owned databases have been linked and used to categorize people as “at risk” of
committing benefit fraud or becoming a criminal. Such systems can have a chilling effect
across a whole community because of their lack of transparency, and the difficulty of
achieving redress if errors of identification or supposition are made leaves everyone
vulnerable to their determinations.
78.
When multiple sources of data are combined to rank or score individuals in society 48
with unknown infrastructure and algorithms driving the scoring, people become
increasingly fearful of participating in society, not knowing who is scoring them or how. As
a result, their right to liberty may be curtailed, social relationships are disabled and they are
powerless to challenge the scores attributed to them. That influence on civil rights
necessarily has an impact on the access to and enjoyment of social rights. The
consequences for mental health and well-being, particularly how they may affect the
relationship of the global community with the State and with each other, are profound and
urgently require investigation and research. States and non-State actors have human rights
obligations to protect the right to health, including mental health, and omnipresent
surveillance, enabled by big data, is a fundamental erosion of that right.
D.
Coronavirus disease (COVID-19) and its effects on mental health
79.
At the time of writing the present report, the world faces a new global threat to
public health: the COVID-19 pandemic, which is being addressed through concerted efforts
by States and other stakeholders. Measures to contain the spread of the virus have included
numerous restrictions on certain rights and freedoms. The impact of the pandemic, its
effects and measures are yet to be fully explored. However, important challenges and
opportunities related to mental health are expected and these should be taken into account
now.
VI. Conclusions and recommendations
80.
There is no health without mental health and there is no good mental health
and well-being without embracing a human rights-based approach. There is an urgent
need to invest more in mental health. However, money should not be what is valued
most in discussions of global health broadly and in particular mental health. There is
an inherent and universal value to supporting dignity and well-being; furthermore, it
is a human rights imperative.
81.
The first two decades of the new millennium brought many promising changes
to the field of mental health. Promotion of good mental health was included in the
2030 Agenda for Sustainable Development and there have been impressive worldwide
initiatives in advancing all the elements of global mental health: promotion,
prevention, treatment, rehabilitation and recovery.
82.
However, despite promising trends, there remains a global failure of the status
quo to address human rights violations in mental health-care systems. This frozen
status quo reinforces a vicious cycle of discrimination, disempowerment, coercion,
social exclusion and injustice – it is unacceptable. There is a shifting tide worldwide in
how distress, treatment and support more broadly are viewed, which moves far
beyond a biomedical understanding of mental health. The global status quo, its
institutions and gatekeepers are falling far behind as consensus continues to fracture
on how to plot the transformation ahead. Business as usual is no longer politically
viable, nor is it compliant with human rights.
83.
The call to close the treatment gap focuses largely on the “global burden of
mental disorders”, which comes at the expense of human rights. 49 That systemic
imbalance leads to ineffective incentives and harmful systemic effects, which also
48
49
18
See Rogier Creemers, “China’s social credit system: an evolving practice of control”, SSRN (22 May
2018).
See WHO, “Global burden of mental disorders and the need for a comprehensive, coordinated
response from health and social sectors at the country level”, EB130/9 (1 December 2011).
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