A/HRC/35/21
pathologization of lesbian, gay, bisexual, transgender and intersex persons reduces their
identities to diseases, which compounds stigma and discrimination.
49.
The problem is not in diagnosing persons but in the discriminatory practices that
affect the diagnosed person, which may cause more harm than the diagnosis itself. People
frequently suffer more from discriminatory and inappropriate patterns of “care” than from
the natural effects of mental health conditions.
50.
Diversity must be broadly understood, recognizing the diversity of human
experience and the variety of ways in which people process and experience life. Respecting
that diversity is crucial to ending discrimination. Peer-led movements and self-help groups,
which help to normalize human experiences that are considered unconventional, contribute
towards more tolerant, peaceful and just societies.
E.
Accountability
51.
Accountability for the enjoyment of the right to mental health depends on three
elements: (a) monitoring; (b) independent and non-independent review, such as by judicial,
quasi-judicial, political and administrative bodies, as well as by social accountability
mechanisms; and (c) remedies and redress. Accountability provides an opportunity for
rights holders to understand how duty bearers have discharged their duties and claim
redress where rights are violated. It also provides an opportunity for duty bearers to explain
their actions and make amendments if required.
52.
At the international level, the adoption of the Convention on the Rights of Persons
with Disabilities and the relevant State party reporting processes provide an important new
avenue for accountability for the right to mental health of persons with psychosocial,
cognitive and intellectual disabilities. By contrast, at the national level, accountability
mechanisms for the right to mental health are often not fit for purpose. Of particular
concern is the growing prevalence of mental health tribunals, which instead of providing a
mechanism for accountability, legitimize coercion and further isolate people within mental
health systems from access to justice. Despite commendable efforts by several national
prevention mechanisms, human rights violations in mental health services are rife and occur
with impunity. 35 Individuals often have limited access to justice, including independent
accountability mechanisms. That may arise because they are deemed to lack legal capacity
and have limited knowledge of their rights, legal aid cannot be accessed, or simply because
oversight of complaints bodies does not exist.
53.
The Convention establishes that all mental health services designed for persons with
disabilities are to be effectively monitored by independent authorities (art. 16.3). Human
rights must be incorporated into the framework of reference for all monitoring and review
procedures in the field of mental health. The Special Rapporteur encourages national
human rights institutions to pay attention to the right to mental health in their monitoring
and promotion activities. Persons with lived experience, their families and civil society
should be engaged in the development and implementation of monitoring and
accountability arrangements.
F.
Beyond mental health services towards care and support
54.
The right to mental health requires care and support facilities, goods and services
that are available, accessible, acceptable and of good quality. Rights-based care and support
for mental health is an integral part of health care for all.
35
12
See Association for the Prevention of Torture, “Monitoring psychiatric institutions” Jean-Jacques
Gautier NPM symposium outcome report (2016), available from www.apt.ch/content/files_res/reportjjg-symposium-2016-en.pdf.