A/HRC/39/36 welcomed the growth of good practices, which confirmed that forced treatment and institutionalization were damaging and unnecessary. She called for greater political commitment from States to implement the way forward by addressing the social determinants of mental health, inclusive of, and in collaboration with, persons with psychosocial disabilities, including through housing support groups, respite care, personal assistance services and other means. The Convention on the Rights of Persons with Disabilities and the 2030 Agenda for Sustainable Development provided the opportunity to build a new narrative based on human rights that fostered inclusion and not segregation. There could be no sustainable development without mental health, and mental health without human rights amounted to oppression. She called upon the United Nations system to internalize the urgent need for change, and to foster cooperation across agencies and cooperation actors. She affirmed that the mental health agenda could not move forward when it continued to ignore the human rights of persons with psychosocial disabilities. 43. The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health noted that the consultation had demonstrated that there was agreement on the root causes of the failure of the system, and on the required actions to address those challenges: eliminating force and biomedical interventions, which led to violations of human rights and bred hopelessness for service users and for service providers who were “forced to use force”. To promote mental health, the individual should be in healthy and respectful relationships, including between service providers and users, and forced measures impeded that. He stressed the need for all stakeholders to work together and understand that the best way to promote mental health was to fully integrate the human rights-based approach and foster relationships in all settings. He concluded by stating that the future was a win-win situation for everyone — including psychiatrists, who should let go of the monopoly of power and share responsibility — with stronger commitment by States, and led by a rising critical mass of empowered users. 44. In light of the discussions, the following recommendations were proposed. 45. States should re-examine the biomedical approach to mental health, which maintains the imbalance of power between practitioners and users of mental health services, through a collective process that includes all stakeholders. Users of mental health services, persons with mental health conditions and persons with psychosocial disabilities should play a leading role in developing the conceptual framework that determines mental health services, and in their design, delivery and evaluation. 46. States should ensure that all health care and services, including all mental health care and services, are based on the free and informed consent of the individual concerned, and that legal provisions and policies permitting the use of coercion and forced interventions, including involuntary hospitalization and institutionalization, the use of restraints, psychosurgery, forced medication, and other forced measures aimed at correcting or fixing an actual or perceived impairment, including those allowing for consent or authorization by a third party, are repealed. States should reframe and recognize these practices as constituting torture or other cruel, inhuman or degrading treatment or punishment and as amounting to discrimination against users of mental health services, persons with mental health conditions and persons with psychosocial disabilities. States should ensure their enjoyment and exercise of legal capacity on an equal basis with others by repealing laws that provided for substituted decision-making, and should provide: a range of voluntary supported decision-making mechanisms, including peer support, respectful of their individual autonomy, will and preferences; safeguards against abuse and undue influence within support arrangements; and the allocation of resources to enable and ensure the availability of support. 47. States should implement people-centred and human rights-based support and services, including on mental health, which are community-based, participatory and contextually and culturally respectful and which enable and facilitate participation in society. These services should be available in the communities where people live, ensuring that their family and personal networks are not jeopardized but are 14

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