Human Rights & Mental Health Treatment

Numerous international courts have confirmed that all people have the same basic human rights. However the most vulnerable members of society, including the mentally ill, are more likely to be victims of human rights violations and discrimination. Laws and regulations are designed to prevent such violations and to ensure the dignity of mental health patients.

Human Rights

• All humans have a right to safe environments, adequate nutrition and to be treated with dignity. While all health care patients have equal rights, violations of these rights in mental health care are more common than in physical health care settings. Patients should also be free from the discrimination that results from stigmas against mental illness.

Violations

• Some mental health facilities have extremely unsanitary conditions, including human waste on floors and walls. Patients are sometimes denied regular access to bathing and hygiene, and some are not given prompt medical treatment for physical illness. Patients have been subjected to involuntary sleep deprivation. Others are denied access to fresh air, exercise, and nutritious meals. Additionally, many face discrimination in the workplace and community when their history of mental illness is discovered.

Legal Protections

• The World Health Organization and United Nations both have international commissions on human rights, including one that applies specifically to mental health. These agencies guarantee freedom from discrimination. The United Nations special rapporteur says that all people should have equal access to appropriate medication, adequate sanitation and education about their health. This report also says that patients cannot be subjected to non-consensual treatments and have the right to control their own health.

Prison and Mental Health

• Human rights violations sometimes occur in prison situations. According to the organization Human Rights Watch, one in six inmates in prison are mentally ill, a rate that is three times higher than the general population. Prison staff may punish mentally ill inmates for behaviors that are symptoms of their illness, such as loudness, defiance and even suicidal acts. Mentally ill patients in prison may not be adequately protected from other inmates who may exploit them. Funding cuts have also caused a shortage of appropriate medical staff in prisons, meaning that mentally ill prisoners may not have access to adequate mental health care.

Involuntary Treatments

• While human rights guarantee the freedom to control one's own health, sometimes involuntary treatment is necessary when mentally ill patients become a danger to themselves or others. Patients who are acutely psychotic or schizophrenic, for example, may not be in a state of mind to consent to needed treatment. In such circumstances the legal system has strict laws in place allowing for involuntary commitment for treatment of limited duration, and several professionals work together to try to prevent abuses.