A/HRC/38/36 (m) Implement measures to empower detained and confined persons to exercise meaningful autonomy and participate in health-care decisions, with appropriate support and accommodation where needed; (n) Promote the participation of formerly or currently detained or confined persons and their families and civil society in accountability arrangements, while developing strategies within national human rights institutions and national preventive mechanisms for the inclusion of a right-to-health approach in monitoring and promotion functions. 99. The Special Rapporteur calls on the international community to scale up support for community-based interventions that effectively safeguard individuals from discriminatory, arbitrary, excessive or inappropriate confinement. 100. The Special Rapporteur urges other relevant stakeholders to include in debates on mental health the issue of the “insanity” defence and of other criminal justice tools, such as mental health courts and security measures, considering how they may reinforce systemic human rights failures in prisons and mental health settings. 21

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