A/HRC/35/21
persons. Many within those populations are needlessly medicalized and suffer from
coercive practices, based on inappropriate and harmful gender stereotypes.
59.
Special attention should be paid to women, who suffer disproportionately from
mental health practices that are based on paternalistic and patriarchal traditions,
inappropriate and harmful gender stereotypes, medicalization of women’s feelings and
behaviour, and coercion. Women who have suffered from violence and inequalities within
their families, communities and societies, and who have mental health conditions very often
face situations in mental health settings that amount to violence, coercion, humiliation and
disrespect for their dignity. It is unacceptable that after suffering from violations in family
and other settings, women suffer from violations again within services that are supposed to
promote their mental health. In that regard, it is very important to emphasize that violations
of sexual and reproductive health rights have a direct, negative impact on the mental health
of women.
Quality
60.
Mental health services must be of good quality. That requires the use of evidencebased practices to support prevention, promotion, treatment and recovery. 41 Effective
collaboration between different service providers and people using the services and their
families and care partners, also supports enhanced quality of care. The abuse of biomedical
interventions, including the inappropriate use or overprescription of psychotropic
medications and the use of coercion and forced admissions, compromise the right to quality
care. Prioritizing the scaling-up of community-based psychosocial services and mobilizing
social resources that can support everyone throughout their life course, will enhance the
quality of services.
61.
The element of quality compels going beyond the idea of users as mere recipients of
care towards their full consideration as active holders of rights. To stop discriminatory
practices, States should rethink the way they provide mental health care and support (see
A/HRC/34/58).
62.
In particular, children and adults with intellectual disabilities and with autism too
often suffer from institutionalized approaches and excessively medicalized practices.
Institutionalizing and medicating children with autism, based on their impairment, is
unacceptable. Autism represents a critical challenge to modern systems of care and support,
as medical attempts to “cure” the condition have often turned out to be harmful, leading to
further mental health deterioration of children and adults with the condition. Support for
them should not only address their right to health, but their rights to education, employment
and living in the community on an equal basis with others.
G.
Informed consent and coercion
63.
Informed consent is a core element of the right to health, both as a freedom and an
integral safeguard to its enjoyment (see A/64/272). The right to provide consent to
treatment and hospitalization includes the right to refuse treatment (see E/CN.4/2006/120,
para. 82). The proliferation of paternalistic mental health legislation and lack of alternatives
has made medical coercion commonplace.
64.
Justification for using coercion is generally based on “medical necessity” and
“dangerousness”. These subjective principles are not supported by research and their
application is open to broad interpretation, raising questions of arbitrariness that has come
under increasing legal scrutiny. “Dangerousness” is often based on inappropriate prejudice,
rather than evidence. There also exist compelling arguments that forced treatment,
including with psychotropic medications, is not effective, despite its widespread use. 42
41
42
14
WHO Mental Health Action Plan 2013-2020, p. 9.
See Steve R. Kisely and Leslie A. Campbell, “Compulsory community and involuntary outpatient
treatment for people with severe mental disorders”, Cochrane database system (December 2014); and