The Right to Mental Health: A Critical Look at the State of Human Rights of the Mentally Ill in Ethiopia

2020 ◽  
pp. 208-240
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mentally Ill ◽  
The State ◽  
The Right

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.

ADMITTING A MENTALLY ILL PERSON INCAPABLE OF INDEPENDENT EXISTENCE TO A PSYCHIATRIC HOSPITAL WITHOUT CONSENT – GLOSS TO THE DECISION OF THE SUPREME COURT

2021 ◽  
Vol 1 (XXI) ◽  
pp. 307-314
Author(s):  
Jan Ciechorski
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Supreme Court ◽  
Psychiatric Hospital ◽  
Mentally Ill ◽  
Third Parties ◽  
Compulsory Admission ◽  
The Supreme Court ◽  
The Right ◽  
Independent Existence

The conditions for compulsory admission to a psychiatric hospital under Art. 29 of the Mental Health Act apply only to the person to be admitted, they lack the element of protection of third parties (as opposed to admission under Articles 23 and 24 of this Act). Due to the fact that any admission without consent to a psychiatric hospital constitutes an interference with fundamental human rights (the right to freedom and to decide about one’s life), the provisions authorizing such admission must be strictly interpreted. Art. 29 provides for two groups of reasons for admission without consent: 1) counteracting the deterioration of health and 2) its improvement. Due to the fact that placement in a psychiatric hospital is the most onerous way of treating the patient, the guardianship court is obliged to consider whether less drastic methods of therapy will not be effective in such a case.

PSICHIKOS SUTRIKIMŲ TURINČIŲ ASMENŲ PRIVERSTINIO HOSPITALIZAVIMO TEISINIO REGULIAVIMO YPATUMAI

2013 ◽  
Vol 23 (6) ◽  
pp. 18-24
Author(s):  
Valdas Benkunskas
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorder ◽  
Mentally Ill ◽  
Medical Information ◽  
Legal Regulation ◽  
Mental Condition ◽  
Involuntary Hospitalization ◽  
The Right ◽  
Article 5

The article analyzes peculiarities of legal regulation of involuntary hospitalization of people with mental disorders in the context of Lithuania and other states. The analysis is based on jurisprudence of the European Court of Human Rights and, especially, the criteria of legal involuntary hospitalization framed in the case Winterwerp v. Netherlands in 1979. Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms anchors that no one can be deprived of freedom, unless (among other cases) in case when “mentally ill” persons are detained. The judgement in the case Winterwerp v. Netherlands was the first to frame the three criteria, based on which it is stated that a person can be legally hospitalized by force under the Section (e) Part 1 Article 5 of the Convention. The first criterion is identification of the objective medical information on the impairment of mental health of a person. The criterion requires duly averment of that the person is “mentally ill” (has a mental disorder). If the event of mental disorder is confirmed, there is a formal possibility (in case of the aggregate of all preconditions) to hospitalize such person by force thus restricting his/her freedom and personal immunity and if, on the contrary, the fact of mental disorder is not confirmed, the person cannot formally be considered “mentally ill” or be hospitalized by force. The second criterion is gravity of a mental disorder, which means exacerbation of mental health of a person to the extent justifying the necessity to isolate the person by force. The precedent law of the ECHR directly relates gravity of a mental disorder to signs of hazard at self and others. Legal acts usually do not regulate the signs, based on which one could assess hazard of actions of a person. The duty to prove gravity of exacerbation of mental condition of a person, i.e. hazard of his/her actions, falls on psychiatrists. The third criterion guarantees restoration of the personal right for freedom in case restriction of such freedom becomes disproportionate to gravity of exacerbation of mental health of the person. A person hospitalized by force can be kept in a medical institution by force as long as his/her mental disorder and gravity of the mental disorder necessarily requires doing so. The requirement establishes the right for the person hospitalized by force to undergo periodical revisions of legality of such restriction of his/her freedom.

scholarly journals Mental Health Legislation Through History and Challenges in Implementing Article 14 of the Convention on the Rights of Persons with Disabilities

2020 ◽  
pp. 56-79
Author(s):  
Marisabell Škorić ◽  
Sandra Fabijanić Gagro
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Historical Development ◽  
The State ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Mental Health Legislation ◽  
Legal Frameworks ◽  
The Right ◽  
Health Legislation

The paper is divided into two parts to facilitate a clearer understanding of all aspects of the change in the position of people with psychosocial disabilities, regarding the right to liberty and security, through the historical development of national and international legal frameworks. The first part briefly presents an overview of national legislation on the protection of persons with psychosocial disabilities and the circumstances in which states adopted the Convention on the Rights of Persons with Disabilities earlier this century. The second part of the paper underscores the challenges the States Parties face in the implementation of Article 14 of the Convention. The State Parties’ reports show that the processes of changing the perceptions of persons with psychosocial disabilities, when it comes to their involuntary detention, have been changing quite slowly and partially and that the realisation of their human rights is one of the Convention’s greatest challenges.

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.

Universal rights and mental illness in Ireland

2004 ◽  
Vol 28 (4) ◽  
pp. 114-116 ◽  
Author(s):  
Gavin Rush ◽  
Declan Lyons
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Illness ◽  
Human Rights ◽  
Best Practice ◽  
Amnesty International ◽  
Legal Obligations ◽  
Promotional Campaign ◽  
The Right ◽  
International Conventions

The human rights group Amnesty International has recently expanded the range of rights it promotes to include the right of persons with mental illness to enjoy the best available mental health care. The Irish section of Amnesty has launched a report and promotional campaign on the rights of persons with mental illness, using internationally recognised norms of best practice reflected in international conventions that generate binding legal obligations of the Irish state. The report is critical of piecemeal reforms and inadequate resourcing of mental health services, and calls for a more comprehensive implementation of the recommendations of domestic and international reports.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

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