Mental health and barriers to the achievement of the 'right to health'

2011 ◽  
Vol 17 (3) ◽  
pp. 220 ◽  
Author(s):  
Julie Henderson ◽  
Samantha Battams
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Health Problems ◽  
South Australia ◽  
Right To Health ◽  
Structural Barriers ◽  
Physical And Mental Health ◽  
Persons With Disabilities ◽  
People With Mental Illness ◽  
The Right

This paper explores issues relating to access to physical and mental health care for people with mental health problems in light of Australia’s endorsement in 2008 of the Convention of the Rights of Persons with Disabilities, which established the right to health and to health care. Interviews were conducted with 10 key stakeholders with legal, policy, clinical and advocacy roles within South Australia and at a national and international level. Participants identified several barriers to the achievement of the right to health for people with mental illness, with discussion highlighting the legal definition of rights, governance of health and mental health, and structural barriers to receipt of care as the primary barriers. The data are explored in relation to social models of disability.

Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Edson P. Yarcia ◽  
Jan Michael Alexandre C. Bernadas
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Right To Health ◽  
The Philippines ◽  
The State ◽  
Policy Reforms ◽  
Physical And Mental Health ◽  
Content Type ◽  
The Right

Purpose This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.

Art.15 Protection against Torture and Cruel or Inhuman or Degrading Treatment or Punishment

2018 ◽  
Author(s):  
Fennell Phil
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
United Nations ◽  
Right To Health ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Right To Health Care ◽  
United Nations Convention ◽  
Degrading Treatment ◽  
The Right

This chapter examines Article 15 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which prohibits torture and cruel, inhuman, or degrading treatment or punishment (CIDTP), irrespective of the circumstances and the victim’s behaviour. Article 15 rights overlap with rights under other CRPD articles, including the right to legal capacity on an equal basis with others under Article 12; the right to liberty and security under Article 14; the right to protection against violence, exploitation and abuse under Article 16; the right to physical and mental integrity under Article 17 and; the right to health care on an equal basis with others and based on informed consent under Article 25.

A Right to Health Care

2012 ◽  
Vol 40 (2) ◽  
pp. 268-285 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
Physical And Mental Health ◽  
Human Right ◽  
Economic Rights ◽  
Right To Health Care ◽  
The Right ◽  
International Conventions ◽  
Special Case

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory.

scholarly journals THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES VERSUS THE RIGHT TO HEALTH CARE

2019 ◽  
Vol 1 (9) ◽  
pp. 131
Author(s):  
Ingrida Baranauskiene
Keyword(s):  
Health Care ◽  
Health Care System ◽  
Research Problem ◽  
Right To Health ◽  
Successful Implementation ◽  
Social Relevance ◽  
Persons With Disabilities ◽  
Right To Health Care ◽  
The Right ◽  
Care System

<p>By employing the research methodology of thematic analysis, the paper presents the investigation of the Convention on the Rights or Persons with Disabilities in the aspect of the right to health care. The revealing of fundamental resolutions of the Convention on the Rights of Persons with Disabilities, manifestation of them in the aspect of the health care system are the object of the present paper; moreover, these emphasise the social relevance seeking to ensure comprehensive and equal use of all human rights and fundamental freedoms, dignity, full participation in public life and, naturally, health care system for persons with disabilities. The research problem is formulated within this context: What resolutions of the Convention on the Rights of Persons with Disabilities are the most important to successfully ensure persons’ with disabilities rights to health care? What is the semantic manifestation of these resolutions and what are the contexts that ensure successful implementation of them? </p>

Getting to the Heart of the Matter: Nursing Assessment and Intervention with Battered Women in Psychiatric Mental Health Settings

1995 ◽  
Vol 1 (2) ◽  
pp. 48-54
Author(s):  
Nancy Fishwick
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Battered Women ◽  
Health Care Providers ◽  
Mental Health Problems ◽  
Abusive Relationships ◽  
Care Providers ◽  
Physical And Mental Health ◽  
Nursing Assessment ◽  
Mental Health Settings

The consequences of abusive relationships are reflected in the physical and psychologic distress for which women seek assistance from health care providers. Although the physical and mental health problems from the abuse are addressed and treated, the heart of the matter— the abuse at home— goes unattended Women often leave the health care setting as isolated and uninformed about options as when they came in. Mental health settings offer important opportunities for psychiatric nurses to identify and intervene with women in abusive relationships. Whether encounters are relatively brief or occur over an extended period of time, important interactions can take place. The nurse's response to women in abusive relationships is one component of a unified community-wide response that is needed to prevent violence and abuse in the home. (J Am Psychiatr Nurses Assoc [1995]. 1, 48–54)

scholarly journals The mental health of prisoners

2003 ◽  
Vol 9 (3) ◽  
pp. 191-199 ◽  
Author(s):  
Luke Birmingham
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Health Problems ◽  
Daily Life ◽  
Prison Health ◽  
Health Partnership ◽  
Prison Health Care ◽  
Prison Environment ◽  
Poor Health Care ◽  
The Right

Mental health problems are the most significant cause of morbidity in prisons. Over 90% of prisoners have a mental disorder. The prison environment and the rules and regimes governing daily life inside prison can be seriously detrimental to mental health. Prisoners have received very poor health care and, until recently, the National Health Service (NHS) had no obligations to service this group, which was the Home Office's responsibility. The NHS is expected to take responsibility eventually, following a new health partnership with the Prison Service. NHS psychiatrists will have to be much more active in the development and delivery of health care to prisoners who now have the right to equal health care. There are positive developments but concerted and determined action is required to bring prison health care up to acceptable standards.

scholarly journals ENVIRONMENTAL CONDITIONS OF SOCIALIZATION OF PERSONS WITH JUVENILE DISABILITY CATEGORY: THE REGIONAL ASPECT

2019 ◽  
Vol 10 (6/1) ◽  
pp. 90-97
Author(s):  
Galina V. ZHIGUNOVA ◽  
Yulia A. AFONKINA
Keyword(s):  
Mental Health ◽  
Social Inclusion ◽  
Mental Health Problems ◽  
Physical And Mental Health ◽  
Juvenile Period ◽  
Theoretical Understanding ◽  
Persons With Disabilities ◽  
Regional Aspect ◽  
Murmansk Region ◽  
Dependent Position

The socialization of persons with disabilities in the juvenile category proceeds in conditions complicated by physical and mental health problems that limit their opportunities, and, as a result, their functioning in society. As a total, they may have a passive-dependent position that will make it more difficult for them to be included in society and interfere with social inclusion. The article contains a theoretical understanding of the specifics of socialization of persons with disabilities in the juvenile period, on the basis of which the risks of this process are determined, as well as empirical data on the accessibility of socialization organizations in the Murmansk Region. The presented results show the presence of barriers in all areas of socialization of children and adolescents with disabilities and indicate the need for measures to create an inclusive environment in the leading types of their activities.

scholarly journals The International Right To Highest Attainable Standard Of Physical And Mental Health: Evaluating Obligations Of Lithuania In Cases Of Violence Against Women

2016 ◽  
Vol 12 (23) ◽  
pp. 34
Author(s):  
Laima Vaige
Keyword(s):  
Mental Health ◽  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Legal Framework ◽  
Right To Health ◽  
The State ◽  
Physical And Mental Health ◽  
The Right

The paper explores the role of the international right to the highest attainable standard of physical and mental health in the development of the legal framework in Lithuania to address violence against women. The right to the highest attainable standard of physical and mental health is entrenched under various international legal instruments. These have been ratified by Lithuania which, in 2011, also adopted a Law for the protection against domestic violence. Violence against women, including domestic violence, is undoubtedly a violation of the right to health; therefore the Lithuanian context provides an opportunity to evaluate the duties of the state in this regard more precisely. Indicators on human rights measurement have been instrumental in this evaluation.

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