A/HRC/39/36
promoted and strengthened. States should evaluate multiple strategies for the
implementation of such services, building partnerships with users, including user-led
services, such as peer support, and should make available accessible services offering
non-coercive spaces, support and respite, including during crisis situations, for
example medication-free spaces.
48.
States should strengthen data-collection efforts and undertake and invest in
evidence-based and participatory research, inclusive of users of these services and of
persons with psychosocial disabilities, in order to: identify the multiple and
intersecting forms of discrimination operating in the context of mental health and
evaluate the impact of services; and design and make available accessible and
affordable non-coercive spaces, support and respite, respectful of the individual’s free
and informed consent. International cooperation actors should be encouraged to
provide funding and technical assistance to fulfil these efforts, and to refrain from
implementing or supporting projects or research contravening the Convention on the
Rights of Persons with Disabilities.
49.
States should revise and adopt legislation to combat stigma and discrimination
against users of mental health services, persons with mental health conditions and
persons with psychosocial disabilities. States should implement training programmes,
such as the WHO QualityRights initiative, to build capacity among mental health
professionals, practitioners and policymakers on how to implement a human rightsbased and recovery approach in accordance with the Convention on the Rights of
Persons with Disabilities. Complementary to this, States should design and implement
information campaigns and programmes to raise community awareness, in order to
eliminate negative stereotypes, labelling, stigma and discrimination against users of
mental health services, persons with mental health conditions and persons with
psychosocial disabilities, with their central involvement in the design and delivery
across training and awareness-raising programmes.
50.
States should ensure that users of mental health services and persons with
psychosocial disabilities have access to justice, including through maintaining their
legal capacity within proceedings to challenge human rights violations in mental
health contexts, and ensure that redress and reparation is provided for the individual
while addressing systemic change through legal and policy reform and capacitybuilding.
51.
States should design and implement policies and programmes addressing the
underlying determinants of mental health — among others, multiple and intersecting
forms of discrimination, the right to social protection, access to housing and water and
sanitation, the right to work, and the right to live independently and be included in
the community.
52.
States should adopt immediate steps towards deinstitutionalization, by
developing action plans in a participatory manner, and using the maximum of their
available resources, including through international cooperation. States should
recognize in the law the right to access support services to enable independent living
and inclusion in the community, and ensure that support is provided and arranged
according to the individual’s will and preferences. Deinstitutionalization plans should
incorporate the development of support services in the community that do not
replicate biomedical or coercive approaches.
53.
Given that, throughout the consultation, participants expressed their concern
about the ongoing process within the Council of Europe to draft an additional
protocol to the Convention for the Protection of Human Rights and Dignity of the
Human Being with regard to the Application of Biology and Medicine (the Oviedo
Convention), indicating that the draft additional protocol on “the protection of human
rights and dignity of persons with mental disorder with regard to involuntary
placement and treatment” contradicted the Convention on the Rights of Persons with
Disabilities, member States of the Council of Europe should evaluate the potential
impact of the adoption of this instrument vis-à-vis their international obligations
under the Convention on the Rights of Persons with Disabilities and other human
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