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 13

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents