A/HRC/RES/43/13
Acknowledging the intersections between mental health and HIV and that the multiple
or aggravated forms of discrimination, stigma, violence and abuse often faced by people
living with, presumed to be living with or affected by HIV/AIDS and members of key
populations have negative consequences on their enjoyment of the highest attainable standard
of mental health, and underlining the importance of improving psychosocial well-being and
the quality of life of people affected and living with HIV through the implementation of
community-, evidence- and human rights-based and people-centred policies and programmes
in the context of HIV prevention, diagnosis, treatment and comprehensive care services,
Convinced that the Human Rights Council, in fulfilling its responsibility for
promoting universal respect for the protection of all human rights and fundamental freedoms
for all, without distinction of any kind and in a fair and equal manner, has an important role
to play in the area of mental health and human rights, to foster constructive international
dialogue and cooperation, and to promote human rights education and learning, and also
advisory services, technical assistance, capacity-building and awareness-raising,
Acknowledging the leadership of the World Health Organization in the field of health,
and also the work that it has carried out to date to, inter alia, integrate a human rights
perspective into mental health, and recalling the commitment of States to implement by 2030
the Organization’s comprehensive mental health action plan,
1.
Takes note with appreciation of the report of the United Nations High
Commissioner for Human Rights on mental health and human rights on the consultation on
human rights and mental health held in Geneva on 14 and 15 May 2018;3
2.
Also takes note with appreciation of the report of the Special Rapporteur on
the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health on the critical role of the social and underlying determinants of health in
advancing the realization of the right to mental health;4
3.
Further takes note with appreciation of the reports of the Special Rapporteur
on the rights of person with disabilities on the right of persons with disabilities to equal
recognition before the law;5
4.
Takes note with appreciation of the report of the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment on questions arising in
relation to the notion of “psychological torture” under human rights law; 6
5.
Reaffirms the obligation of States to protect, promote and respect all human
rights and fundamental freedoms and to ensure that policies and services relating to mental
health comply with international human rights norms;
6.
Urges States to take active steps to fully integrate a human rights perspective
into mental health and community services, and to adopt, implement, update, strengthen or
monitor, as appropriate, all existing laws, policies and practices, with a view to eliminating
all forms of discrimination, stigma, stereotypes, prejudice, violence, abuse, social exclusion,
segregation, unlawful or arbitrary deprivation of liberty and institutionalization, and
overmedicalization within that context, and to promote the right of persons with mental health
conditions or psychosocial disabilities to live independently, to full inclusion and effective
participation in society, to decide upon matters affecting them and to have their dignity
respected on an equal basis with others;
7.
Also urges States to promote a paradigm shift in mental health, inter alia, in
the fields of clinical practice, policy, research, medical education and investment, through
the promotion of community-, evidence- and human rights-based and people-centred services
and supports that protect, promote and respect the enjoyment of the rights, autonomy, will
and preferences of all persons, including by providing a range of voluntary supported
decision-making mechanisms, such as peer support, and safeguards against abuse and undue
3
4
5
6
4
A/HRC/39/36.
A/HRC/41/34.
A/HRC/37/56 and A/HRC/40/54.
A/HRC/43/49.
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