Mental Health and Human Rights: Brazil and the Inter-American Court of Human Rights Jurisprudence

2018 ◽  
Vol 25 (2) ◽  
pp. 236-260
Author(s):  
Carla Aparecida Arena Ventura
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Right To Health ◽  
Mental Illnesses ◽  
Health Policies ◽  
Health Law ◽  
International Human Rights ◽  
Health And Human Rights ◽  
The Right ◽  
Mental Health Policies

International human rights instruments are important to mental health as a source of international scrutiny of mental health policies and practices. Nevertheless, people with mental illnesses continue to have their rights violated in different settings and situations. The aim of this research was to bring to light human rights violations targeting persons with mental illness judged by the Inter-American Court of Human Rights (IACHR), focusing on countries that ratified or adhered to the American Convention on Human Rights and accepted the jurisdiction of IACHR. Data were collected at the IACHR site through the reading of the Court’s judgments. The research resulted in the case of Damião Ximenes Lopes v. Brazil, which was analysed based on the international and regional human rights framework, specifically focusing on the right to health and mental health, highlighting the intersection between this framework and the mental health law, policies and services in Brazil.

scholarly journals Round table: Liberté, égalité and fraternité in public health - A Human rights approach to Public (Mental) Health

2019 ◽  
Vol 29 (Supplement_4) ◽  
Author(s):  
Keyword(s):  
Public Health ◽  
Mental Health ◽  
Human Rights ◽  
Public Mental Health ◽  
Living Will ◽  
Right To Health ◽  
International Human Rights ◽  
The Uk ◽  
The Right ◽  
Human Rights Based Approach

Abstract A human rights based approach to Public Health and to Public Mental health offers an opportunity to realize the right to health for all. However, a human rights-based approach to Public Health will require new inter-disciplinary approaches and an innovative frame. This frame should include the use of international human rights standards as a framework for research, policy and practice; the participation of target groups; and the enhancement of inclusion and respect for all. This workshop follows up from the Ljubljana 2018 workshop on human rights and public (mental) health and aims to test the requirements needed to ensure a human rights based approach to public health. For this, a panel of a researcher, ethicist, lawyer and a patient is set up to evaluate three practical cases. What are they advising in these specific cases and what does this mean for the international human rights framework. The outcomes of the panel discussion will be presented by the chair of the workshop. Case 1 Coerced sterilization in the UK The parents of a 21-year old woman with Down’s syndrome in the UK contacted a doctor to have their daughter sterlised our of fear that she may become pregnant. The woman did not have a bodyfriend nor expressed an interest in starting a sexual relationship. The parents stated that - as she had grown up - she had become more aware of the opposite sex and could be “overfamiliar” with people. Therefore sterilisation was needed to protect her in the future. A specialist supported the parents, but a second doctor suggested various methods of contraception as an alternative. Case 2 Euthanasia in the Netherlands A 74-year old incapacitated women with dementia stated several times that she does not want to live anymore. But she has also been heard saying that she likes her life. Under Dutch law, euthanasia is possible if the patient clearly indicates this, the so-called living-will. In this case, the doctor performed euthanasia based on her living will, which was given years earlier, before she was struck by dementia. Case 3 Rape in Northern Ireland A 12-year-old girl from Northern Ireland is raped. Abortion is not possible in this case due to the strict laws prohibiting abortion unless the woman’s life is in danger or there is a permanent or serious risk to her mental or physical health. The girl has to travel to England under police escort to have an abortion, so that a police officer could seize the ‘samples’ from the procedure for evidence. Key messages A human rights based approach to Public Health and to Public Mental health offers an opportunity to realize the right to health for all. It is critical that we do not risk losing the right to health in the rhetoric of the SDGs and ensure that we respond to the need of improving research methods on the promise of leaving no one behind. Mauro Giovanni Carta Contact: [email protected] Dineke Zeegers Paget Contact: [email protected] Els Maeckelberghe Contact: [email protected]

scholarly journals HEALTH AND HUMAN RIGHTS WITHIN THE CONTEXT OF INTERNATIONAL HUMAN RIGHTS LAWS AND THE MALAYSIAN CONSTITUTION

2021 ◽  
Vol 29 (1) ◽  
pp. 103-127
Author(s):  
Khairil Azmin Mokhtar
Keyword(s):  
Human Rights ◽  
Healthcare Services ◽  
Right To Health ◽  
International Human Rights ◽  
Economic Rights ◽  
Health And Human Rights ◽  
Quality Life ◽  
Private And Public ◽  
International Human ◽  
The Right

Health rights, unlike political and economic rights, until recently has not received sufficient attention that it truly deserves despite being equally important as other aspects of human rights.  It is timely that the right to health be given serious attention and more coverage by the media, legal fraternity and the authorities as well as by the public at large. Unfortunately, the Malaysian Constitution does not have any express provision which recognizes health right and no laws in the country so far acknowledged such right. Hence, this research is done to supplement the gap.  This is a legal research which applies qualitative approach focusing on rights relating to private and public health. It is a doctrinal and jurisprudential study and examines international and national laws, especially the Malaysian Constitution. Health is essential for a good life of any human being. Without it a person cannot have a quality life. Although it cannot be expected that government must guarantee everybody will be healthy it cannot be denied that among the functions and obligations of the governments are to provide healthcare services to the community and ensure that facilities and avenues for medical treatments are available to the people. This right has been firmly established in international human rights laws. Its realization has been the subject and objective of various international conventions and policies. It is believed that right to health is ingrained in the constitution of the country and should be recognized by the courts and the governments.

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.

Human Rights Advocacy in Global Health

2020 ◽  
pp. 133-154
Author(s):  
Joseph J. Amon ◽  
Eric Friedman
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Health Campaigns ◽  
Structural Barriers ◽  
Health And Human Rights ◽  
Raising Awareness ◽  
Health Related ◽  
Human Rights Advocacy ◽  
Advocacy Strategies ◽  
The Right

This chapter presents an overview of health and human rights advocacy and describes a broad framework and the diverse strategies used by human rights advocates to advance their goals. Based upon documenting abuses, raising awareness, building coalitions, and engaging communities, human rights advocacy seeks to ensure that government laws, policies, and practices respect, protect, and fulfill the right to health of all. These rights arguments and advocacy strategies, first developed in response to the HIV epidemic, have become the basis for broader right to health campaigns. Health-related human rights advocacy, beyond specific strategies, seeks to elevate the voices of people affected by human rights violations, analyze structural barriers, and identify obligations and responsibilities. Focusing on the strategies and tools that human rights advocates use in documenting rights abuses, raising awareness, and seeking change, it is necessary to examine new advocacy partnerships and approaches for evaluating advocacy efforts.

s.Two Implementation and Accountability, 8 Justiciability of Human Rights for Health

2020 ◽  
Author(s):  
Flood Colleen M ◽  
Thomas Bryan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health And Human Rights ◽  
Proper Role ◽  
Health Related ◽  
State Obligations ◽  
The Right ◽  
The Impact

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.

s.Two Implementation and Accountability, 6 Human Rights Advocacy in Global Health

2020 ◽  
Author(s):  
Amon Joseph J ◽  
Friedman Eric
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Health Campaigns ◽  
Structural Barriers ◽  
Health And Human Rights ◽  
Raising Awareness ◽  
Health Related ◽  
Human Rights Advocacy ◽  
Advocacy Strategies ◽  
The Right

This chapter presents an overview of health and human rights advocacy and describes a broad framework and the diverse strategies used by human rights advocates to advance their goals. Based upon documenting abuses, raising awareness, building coalitions, and engaging communities, human rights advocacy seeks to ensure that government laws, policies, and practices respect, protect, and fulfill the right to health of all. These rights arguments and advocacy strategies, first developed in response to the HIV epidemic, have become the basis for broader right to health campaigns. Health-related human rights advocacy, beyond specific strategies, seeks to elevate the voices of people affected by human rights violations, analyze structural barriers, and identify obligations and responsibilities. Focusing on the strategies and tools that human rights advocates use in documenting rights abuses, raising awareness, and seeking change, it is necessary to examine new advocacy partnerships and approaches for evaluating advocacy efforts.

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