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 15

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