The Right to Independent Living and being included in the Community: Lessons from the United Nations

2018 ◽  
Vol 2018 (24) ◽  
pp. 32 ◽  
Author(s):  
Piers Gooding

<p align="LEFT">This review will consider recent United Nations activity on article 19 of the Convention on the Rights of Persons with Disabilities (CRPD) concerning the right to live independently and be included in the community. The Committee on the Rights of Persons with Disabilities adopted its ‘General Comment’ No. 5 in August 2017, which offers guidance to governments on art 19 implementation. This review critically examines content relevant to mental health and capacity law, policy and practice. It considers the strengths and potential limitations of the General Comment with reference to key issues in the field. Gaps include commentary on the rising marketisation of disability services globally and a focus on low and middle-income countries. Yet overall, the General Comment offers useful guidance on implementing this unusual right, including concepts that may help resolve controversies about the role of coercion in mental health and capacity law.</p>

Author(s):  
Oliver Lewis ◽  
Soumitra Pathare

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.


2018 ◽  
Vol 63 (12) ◽  
pp. 809-812
Author(s):  
Mathieu Dufour ◽  
Thomas Hastings ◽  
Richard O’Reilly

The United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD) in 2006. When Canada ratified the CRPD, it reserved the right to continue using substitute decision making schemes even if the CRPD was ‘interpreted as requiring their elimination’. This was a prescient decision because the CRPD Committee, which is tasked with overseeing the interpretation and implementation of the CRPD, subsequently opined that all legislation supporting substitute decision making schemes contravene the CRPD and must be revoked. The CRPD Committee insists that every person can make decisions with sufficient support and that if a person lacks capacity to make a decision, we must rely on their ‘will and preferences’. Many international legal scholars have called this interpretation unrealistic. We agree and, in this article, describe how this unrealistic approach would result in extensive harm and suffering for people with severe cognitive or psychotic disorders. The reader should also be aware that the CRPD Committee also calls for the elimination of all mental health acts and the United Nations Commissioner for Human Rights for the abandonment of the not criminally responsible (NCR) defence.


Author(s):  
Lewis Oliver ◽  
Pathare Soumitra

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.


1998 ◽  
Vol 29 (3) ◽  
pp. 9-18 ◽  
Author(s):  
Renée A. Middleton ◽  
Debra A. Harley ◽  
Carolyn W. Rollins ◽  
Tamala Solomon

The authors discuss how the impetus for rehabilitation reform historically received momentum from civil rights activities in the 1960s. The origins of the Civil Rights Act of 1964, the American with Disabilities Act, and the Rehabilitation Act of 1973, are discussed from the political context at the time of passage. Thus, the reader comes to understand how persons with disabilities, through the independent living movement; a civil rights movement within a movement for equality, were empowered to become a major force in prompting the signing of the ADA. The paper is based on the belief that current disability legislation must be inclusive of all persons with disabilities. To that end, connections are made between affirmative action, a major vanguard of equality, cultural diversity and multiculturalism. A rational is provided for the assertion that elimination of affirmative action will have serious repercussions for the long-term effectiveness and survival of other civil rights legislation. Finally, recommendations for achieving multiculturalism are made and concluding remarks predict the outlook for the future with respect to disability services, policy and practice.


2011 ◽  
Vol 9 (4) ◽  
pp. 617-627 ◽  
Author(s):  
N. Groce ◽  
N. Bailey ◽  
R. Lang ◽  
J. F. Trani ◽  
M. Kett

The critical importance of unrestricted access to clean drinking water and basic sanitation for all is highlighted in Millennium Development Goal 7, which calls for the reduction by half of the proportion of people without such access by 2015. Unfortunately, little attention has been paid to the needs of such access for the one billion people living with a disability worldwide, despite the fact that the right to equal access for all international development initiatives is guaranteed in the new United Nations Convention on the Rights of Persons with Disabilities. In this paper, we review what is currently known about access to water and sanitation for persons with disabilities in low- and middle-income countries from the perspective of both international development and global health, and identify existing gaps in research, practice and policy that are of pressing concern if the water and sanitation needs of this large – and largely overlooked – population are to be addressed.


2008 ◽  
Vol 5 (4) ◽  
pp. 80-81 ◽  
Author(s):  
David Skuse

The theme in this issue concerns the interface between child psychiatric services in low- and middle-income countries and the availability of such services in higher-income countries. In neither context are such services ideal, and resources are relatively slim when compared with demand. The key issues are discussed in three terms: first, of the need for nations to have a general statement of child and adolescent mental health policy (Shatkin et al); second, of the need to establish inter national child and mental health research networks to foster research in low- and middle-income countries (Erlich & Plener); and third, of the circumstances that exist for providing such support to children in one such country, Pakistan (Khan et al).


2021 ◽  
pp. 1-4
Author(s):  
Al Aditya Khan ◽  
Howard Ryland ◽  
Tayeem Pathan ◽  
Helal Uddin Ahmed ◽  
Amir Hussain ◽  
...  

In this narrative review we consider what is known about mental health conditions in the prison system in Bangladesh and describe the current provision of mental health services for prisoners with mental health needs. We contextualise this within the literature on mental health conditions in correctional settings in the wider sub-continental region and low- and middle-income countries (LMICs) more broadly. We augment findings from the literature with information from unstructured interviews with local experts, and offer recommendations for research, policy and practice.


Author(s):  
Harry Minas

This chapter provides an overview of what is known about prevalence, social determinants, treatment, and course and impact of depression in developing, or low- and middle-income, countries. The importance of culture in depression and in the construction and application of diagnostic classifications and in health and social services is highlighted, with a particular focus on the applicability of ‘Western’ diagnostic constructs and service systems in developing country settings. The role of international organizations, such as WHO, and international development programs, such as the SDGs, in improving our understanding of depression and in developing effective and culturally appropriate responses is briefly examined. There is both a need and increasing opportunities in developing countries for greater commitment to mental health of populations, increased investment in mental health and social services, and culturally informed research that will contribute to improved global understanding of mental disorders in general and depression in particular.


2021 ◽  
pp. 135910452110260
Author(s):  
Sowmyashree M Kaku

COVID-19 has grossly impacted lives of people across the globe. In particular, children have also been affected due to closure of schools, therapy, and day care centers. Families have been challenged with new circumstances, and mental health professionals are coming up with novel ways to help these families who have children with mental health issues. This article describes experiences of families who have children with a diagnosed neurodevelopmental disorder with comorbid mental health difficulties and their ways of coping with the pandemic challenges. The series will throw light on ground level experiences of families during the pandemic, give insights into their ways of adapting, and brings out problem areas which healthcare professionals must work on, to design novel ways of care. The case series is novel and a similar report has probably not been presented from India or other low and middle income countries.


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