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0 By Avion Anderson
The World Health Organization states: ‘We are facing a global human rights emergency in mental health. All over the world people with mental disabilities experience a wide range of human rights violations.’
We all have rights
Everyone in the world has rights: the right to vote, the right to freedom of speech (in most countries), the right to love and have relationships. They also have the right to choose what college, career path, activities that they want to engage in. They even have the right to dream and seek to accomplish all their goals in life.
Persons living with mental health conditions, disorders and illnesses are just the same as those without any form of mental disorder or disability. They deserve the same rights.
They need dignity and respect. And to receive services appropriate for their age and culture. To understand their treatment options and alternatives, and to obtain the relevant care and treatment, that doesn’t discriminate on the basis of age, race or type of illness. They should have rights and protections under the law, just as much as any other person on this planet.
Abused, victimised and discriminated against
Unfortunately, this is not the case in a number of countries across the globe. Persons living with a mental health condition or illness are among the most abused, victimized and discriminated-against group of persons. Even here in my own country of Trinidad and Tobago.
Many of them are not even getting access to proper medication or treatment. This is denied to most, especially those living below the poverty line. They often don’t even have access to clean drinking water or better housing conditions or food. Don’t even get me started with the overcrowded hospitals. Some have no proper mental health facilities or mental health professionals to treat and care for persons with mental illness.
Mental health laws
Many countries around the globe have put in place mental health acts and laws. But these are often just writings on paper. Governments and their respective agencies rarely enforce them. There are, though, many individuals, groups and organizations that have come out in full support of these acts and laws. They advocate for the strong enforcement of mental health laws. They fight against abuse and discrimination for persons with mental health conditions and other disorders and disabilities, through the following:
Liberty and Autonomy
People living with mental health conditions have the right to make decisions about their lives. Including their treatment. They should not be refused any type of treatment just because a mental health professional said so. A person’s preferences, such as those referenced in a psychiatric advance directive, should be followed. And all efforts should be made to engage individuals in voluntary services.
Should there be civil commitment or involuntary treatment procedures because an individual is considered an imminent danger to self or others, he or she should have the right to an appeal, with due process and adequate representation.
Seclusion and Restraint
People living with mental health conditions should have the right to be free from all abuses. Including the practices of seclusion and restraint – isolation, shackling, physical restraints and chemical restraints. Treatment facilities – and criminal justice systems and even schools – use these practices. They represent failures in treatment, have no therapeutic value and expose individuals to added trauma.
Seclusion and restraint also play a role in many interactions with law enforcement. Also, some estimate that about half of those killed by police officers have a mental illness. I know that there are plenty of organizations which call for the ultimate abolition of seclusion and restraint. They encourage providers, teachers, law enforcers and consumers to work together to plan alternatives.
Community Inclusion
People living with mental health conditions have the right both to live in and fully participate in their community of choice. Instead, often someone with a serious mental condition or a physical disability is refused an apartment. Kids are kicked out of schools. Discrimination against people living with mental health conditions often occurs in areas like housing, employment and education.
Community inclusion doesn’t only mean addressing discriminatory practices that exist. It is also about providing the necessary supports to allow people to find meaningful roles. In order to best serve the people, communities should aim to help, providing services driven by wants and experiences. These include things that fight isolation and promote recovery, like social interactions, peer support and self-help tools. Also there should be access to meaningful work, and promotion of spiritual, religious, cultural and recreational opportunities.
I am not that active within my community. That’s because my social anxiety and schizoid personality disorder keep me away from having regular interaction with others.
Access to Services
People living with mental health conditions should have the right to receive the services they want, how and where they want them. And receive full explanations of treatment options, side effects and insurance benefits. Insurance plans should provide a full explanation of services covered, and implement mental health parity. This means providing coverage for mental health related services comparable to that offered for physical health services.
People should have choices in both services and providers, and access to necessary and effective treatment options. Informed consent, and culturally and linguistically competent services, empower people to make the best decisions for their health and wellbeing.
I strongly believe that all individuals have the right to full information in clear language on all beneficial treatment options, including related costs. I have access to a number of services, because not everyone is fully aware that I have a mental condition here in Trinidad and Tobago. So when it comes to those who don’t know, I am extremely happy. Otherwise, I would have been denied access to a number of services. They would have looked at me as a danger to myself and others.
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Privacy
People living with mental health conditions have the right to privacy. They should have total control over who will have access to their mental health records and information. Health plans and providers should provide information about privacy and confidentiality protocols. For example, many mental health professionals have to report child abuse. Therefore an individual should know prior to engaging in treatment that any disclosure of child abuse may potentially result in a report to the respective authorities.
Information about privacy and information-sharing should be given when a person joins a health plan or begins treatment with a new clinician. Then it should be available on an ongoing basis. You should also have the ability to withdraw, narrow or otherwise modify terms of consent for what information clinicians share.
I was not aware that my former psychologist was in constant contact with my medical doctor, and also with the psychiatrist who had diagnosed me the first time. She was disclosing all information from our sessions, which is a violation of my privacy. But she is not here anymore, so I can’t call her out on it.
Please note:
For more information and publications on the rights of persons with mental illness, you can check out your country’s mental health acts and laws, as well as other acts and laws.
Some examples:
– Rethink
– Mental Health America
– The World Health Organization
– Movement for Global Mental Health
– Centre for Mental Health Law & Policy
– The International Center for Mental Health & Human Rights
Check out their websites. You will find lots of valuable information on the rights of persons with mental illness. They also have some great publications relating to mental health, human rights and legislation.
Reproduced with permission, originally posted on avionneslegacy
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