Mental health, human rights and legislation

Mental health is growing as a public health priority and human rights imperative, and an increasing number of countries are wishing to adopt or reform legislation related to mental health. However, laws on mental health, currently often fail to address discrimination and human rights violations including in mental health care settings. In order to support countries in this area, the World Health Organization and the Office of the High Commissioner for Human Rights have jointly developed the publication entitled “Mental health, human rights and legislation: guidance and practice”.

The Guidance proposes new objectives for law, including setting a clear mandate for mental health systems to adopt a rights-based approach. It outlines legal provisions required to promote deinstitutionalization and access to good quality, person-centred community mental health services. It highlights how laws can address stigma and discrimination and provides concrete measures on how to eliminate coercion in mental health services in favour of practices that respect people’s rights and dignity.

The Guidance also provides key information on how to adopt a human rights-based approach when reviewing, adopting, implementing and evaluating mental health related laws, and includes a practical checklist enabling countries to assess whether their laws align with current human rights standards.

The Guidance is available following this link>>>.

 

Indigenous peoples’ rights

Drug policy is often developed and implemented as if it existed outside of human rights obligations and standards. The ‘International Guidelines on Human Rights & Drug Policy’ highlight specific actions for States to affirm Indigenous peoples rights:

  • Rights to self-determination; to lands, territories, and resources; and to conservation of lands (including protections to ensure drug control measures do not undermine indigenous peoples’ rights to own, use, develop, and control *their* lands, territories, and resources)
  • Right to free, prior, and informed consent (including the need to collaborate and consult indigenous peoples’ representative institutions to seek their free, prior, and informed consent on drug control measures that may affect them or their territories)
  • Rights to enjoy culture and to profess and practice religion (which covers practices involving plants and preparations that have psychoactive effects)
  • Right to traditional medicines and health practices (which calls for a repeal of laws, policies and practices inhibiting access to controlled psychoactive substances in relation to community health and well-being)

The Guidelines, a highly useful resource, are available in English, Arabic, Portuguese, Russian and Spanish following this link>>>.

 

World Health Organisation released first guideline on digital health interventions

The World Health Organisation (WHO) released new recommendations on 10 ways that countries can use digital health technology, accessible via mobile phones, tablets and computers, to improve people’s health and essential services.

Over the past two years, WHO systematically reviewed evidence on digital technologies and consulted with experts from around the world to produce recommendations on some key ways such tools may be used for maximum impact on health systems and people’s health.

One digital intervention already having positive effects in some areas is sending reminders to pregnant women to attend antenatal care appointments and having children return for vaccinations. Other digital approaches reviewed include decision-support tools to guide health workers as they provide care; and enabling individuals and health workers to communicate and consult on health issues from across different locations.

The guideline emphasizes the importance of reaching vulnerable populations, and ensuring that digital health does not endanger them in any way.

The guideline demonstrates that health systems need to respond to the increased visibility and availability of information. People also must be assured that their own data is safe and that they are not being put at risk because they have accessed information on sensitive health topics, such as sexual and reproductive health issues.

The guidelines also makes recommendations about telemedicine, which allows people living in remote locations to obtain health services by using mobile phones, web portals, or other digital tools. WHO points out that this is a valuable complement to face-to-face-interactions, but it cannot replace them entirely. It is also important that consultations are conducted by qualified health workers and that the privacy of individuals’ health information is maintained.

This guideline represents the first of many explorations into the use of digital technologies and has only covered a fraction of the many aspects of digital health.

In 2018, governments unanimously adopted a World Health Assembly resolution calling on WHO to develop a global strategy on digital health to support national efforts to achieve universal health coverage. That strategy is scheduled to be considered at the World Health Assembly in 2020.

To support governments in monitoring and coordination of digital investments in their country, WHO has developed the Digital Health Atlas, an online global repository where implementers can register their digital health activities.

To get more information follow this link>>>

International Guidelines on Human Rights and Drug Policy

Responding to the harms associated with drug use and the illicit drug trade is one of the greatest social policy challenges of our time. All aspects of this challenge have human rights implications.

Drug control intersects with much of the 2030 Agenda for Sustainable Development. In line with the 2030 Agenda, the UNDP Strategic Plan 2018 – 2021 and the HIV, Health and Development Strategy 2016 – 2021: Connecting the Dots, the International Guidelines on Human Rights and Drug Policy provide a comprehensive set of international legal standards for placing human dignity and sustainable development at the centre of UN member states responses to illicit drug economies. The guidelines cover a diverse set of substantive issues ranging from development to criminal justice to public health.

The guidelines were developed by a coalition of UN Member States, WHOUNAIDSUNDP and leading human rights and drug policy experts. The Guidelines are an example of the support provided to practically integrate international human rights commitments into national, regional and global policy and programmes.

The drugs issue cuts across the 2030 Agenda for Sustainable Development and multiple Sustainable Development Goals, including ending poverty, reducing inequalities and, of course, improving health, with its targets on drug use, HIV and other communicable diseases. Goal 16 on peace, justice and strong institutions is particularly important, requiring attention to human rights across the Sustainable Development Goals. Since the late 1990s, UN General Assembly resolutions have acknowledged that ‘countering the world drug problem’ must be carried out ‘in full conformity’ with ‘all human rights and fundamental freedoms’. This has been reaffirmed in every major UN political declaration on drug control since, and in multiple resolutions adopted by the Commission on Narcotic Drugs.The reality, however, has not always lived up to this important commitment.

The Guidelines are based on both ‘hard law’ and ‘soft law’ sources – those that are legally binding and those that are authoritative but not binding per se. With very few exceptions, the general descriptions of rights are drawn from binding treaty provisions.

However, since very few human rights treaty provisions address drug control directly and since the application of general rights to specific groups requires a more in-depth analysis, much of the guidance presented throughout the document is based on UN resolutions and declarations, the general comments and concluding observations of UN human rights treaty bodies and the work of UN human rights Special Procedures. Findings of regional human rights courts and national courts are also cited. Such jurisprudence, which is binding for the relevant countries, is cited in the Guidelines as being persuasive of a particular application of a right.

The Guidelines are not a ‘toolkit’ for a model drug policy. The Guidelines are a reference tool for those working to ensure human rights compliance at local, national, and international levels, be they parliamentarians, diplomats, judges, policy makers, civil society organisations or affected communities.

This longer version of the Guidelines will be available on an interactive website where readers may search by specific rights, drug control themes, and other key words, as well as follow links to source material.

To read and download Guidelines on human right and Drug policy follow this link>>>

Be literate – change

DPNSEE established recently contact with the organisation NEOstart from Belgrade – the centre for criminal prevention and post-penal assistance. Most of the people they support also have a problem with drugs and their experiences in the process of re-socialisation are interesting. As result of the project “Be literate – change”, prepared for the young people who leave detention and rehabilitation centres, NEOstart prepared the Guidelines which were promoted on 28 February 2017.