A/HRC/39/36
International Network Toward Alternatives and Recovery, in Kenya in 2019, focusing on
dialogue among survivors and users of services, human rights advocates, psychiatrists and
practitioners, to develop non-medical and non-coercive approaches to replace traditional
psychiatry; and the work of Mental Health Europe to compile practices on alternatives to
coercion. The International Disability Alliance warned against the adoption of the draft
additional protocol to the Oviedo Convention and Mental Health Europe commended the
leadership by Portugal against that instrument.
39.
In response, the panellists referred to innovative strategies to promote a positive
image of persons with psychosocial disabilities within the media, through awareness-raising
and training to combat negative stereotypes and overcome stigma, as well as to multiply
their voices and ensure that they remained at the centre of all initiatives.
IV. Conclusions and recommendations
40.
In closing, the United Nations Deputy High Commissioner for Human Rights,
Kate Gilmore, highlighted the significance of the all-encompassing agenda for
inclusion at the critical intersection of human rights, physical and mental integrity
and the enjoyment of mental health. She thanked, in particular, the advocates and
activists and the persons with real-life experience, who were at the forefront of that
transformative process, observing that rights-based change had always come from the
vision of those whose rights had been denied. It was to them that the work going
forward must be held accountable — to their perspective, views and experience. Ms.
Gilmore underscored that many practices that directly violated the principles and the
intent of rights persisted, such as forced institutionalization, forced treatment, and
criminalization of those with mental health conditions; in those instances, the key
friend of rights — the law — was often the key foe. She condemned the unlawful use
of the law to dominate and discriminate, and its conversion into a threat to the
enjoyment of rights. She concluded by remarking that everyone held the responsibility
of knowledge: change was within reach, it was affordable and it was reasonable, and
she thus called upon all actors to co-design services and work together to create
health-enabling environments.
41.
The Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment made concrete recommendations for moving forward. He
stressed the pressing need to abolish legislation that allowed persons with disabilities
to be institutionalized and to ensure regular review of any decision for
institutionalization, including independent monitoring frameworks by human rights
experts, national human rights institutions, national preventive mechanisms, civil
society and international mechanisms. In addition, States must adopt legislation
recognizing the legal capacity of persons with psychosocial disabilities, linked to
community living and support. Thus States should facilitate deinstitutionalization by
introducing social welfare laws and by the provision of various forms of support
services that should be available to persons requiring them. He highlighted the crucial
need for guidelines on free and informed consent and the impact of
institutionalization, on treatment, and on living conditions for persons with
psychosocial disabilities. Furthermore, adequate training and awareness-raising of
prison staff was necessary. He underscored the imperative of recognizing violence and
abuse perpetrated against persons with disabilities as being a form of torture or other
cruel, inhuman or degrading treatment or punishment, in order to afford victims and
advocates stronger legal protection for those violations. He concluded by calling for an
inclusive society to end marginalization and discrimination.
42.
The Special Rapporteur on the rights of persons with disabilities highlighted
the strong consensus on the urgent need for change in the area of mental health. The
reigning biomedical model had created an increasing gulf of exclusion of persons with
psychosocial disabilities, leading to the loss of autonomy and independence and to the
entrenchment of forced treatment, violence and forced sterilization. There was a need
for community systems and interventions that were evidence-based and were
respectful of human rights and of the principle of free and informed consent. She
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