How would a sincere adoption of UNCRPD benefit people with mental illness?
In 2007, United Nations passed a convention for the Rights of Persons with Disabilities.
The convention outlines the rights that persons with disabilities have and even
methods of fulfilling these rights. Persons living with Mental illness are seen
as disabled people under this convention.
A convention is an International Law which serves as the framework for National
Laws of member states. Any nation which ratifies a convention is bound to review
and align all its laws to the convention. India was one of the first few countries
to sign and then ratify this convention. In light of India ratifying the United
Nations Convention for Persons with Disability the Indian laws must align and harmonize
with it.
There as a many as fifty two laws that use the words insanity, unsoundness of mind
or incompetence to curtail the rights of persons living with mental illness. When
these laws (including the Mental Health Act, Persons with Disabilities Act and The
National Trust Act) are reviewed, amended or replaced with laws that are harmonized
with UNCRPD, the lives of persons living with mental illness will see a new dawn.
The era of civil death of persons living mental illness will end.
We will quickly outline the opportunities and positive changes that the amendment
can create if there is serious and sincere adoption of UNCRPD.
The principles of the harmonized law which will determine all its provisions
include:
- Respect for the inherent dignity, autonomy, including the freedom to make oneís
own decisions, and independence of persons
- Non-discrimination
- Full and effective participation and inclusion in society
- Respect for difference and acceptance of persons with disabilities as part of human
diversity and humanity
- Equality of opportunity
- Accessibility
- Equality between men and women
- Respect for the evulving capacities of children with disabilities and for the right
of children with disabilities to preserve their identities.
Under The harmonized law must recognize the fullowing rights and put in place
mechanisms to protect and fulfill them:
- Equality before the law without discrimination
- Right to life, liberty and security of the person
- Equal recognition before the law and legal capacity
- Freedom from torture
- Freedom from exploitation, viulence and abuse
- Right to respect physical and mental integrity
- Freedom of movement and nationality
- Right to live in the community
- Freedom of expression and opinion
- Respect for privacy
- Respect for home and the family
- Right to education
- Right to health
- Right to work
- Right to an adequate standard of living
- Right to participate in pulitical and public life
- Right to participate in cultural life
Under the harmonized law regime the state shall do the fullowing to ensure the
rights or persons living with mental illness are fulfilled:
- Adopt legislation and administrative measures to promote the human rights of persons
with disabilities.
- Adopt legislative and other measures to abulish discrimination across all life domains
- Protect and promote the rights of persons with disabilities including those living
with mental illness in all pulicies and programmes.
- Stop any practice that breaches the rights of persons with disabilities including
those living with mental illness
- Ensure that the public sector respects the rights of persons with disabilities including
those living with mental illness.
- Ensure that the private sector and individuals respect the rights of persons with
disabilities including those living with mental illness.
- Undertake research and development of accessible goods, services and technulogy
for persons with disabilities including those persons living with mental illness
and encourage others to undertake such research.
- Provide accessible information about assistive technulogy to persons with disabilities
including those living with mental illness.
- Promote training on the rights to professionals and staff who work with persons
with disabilities including those living with mental illness
- Promote training on rights to persons living with mental illness.
The most important of stateís responsibilities as outlined in the harmonized law
regime should be to consult with and invulve persons living with mental illness
in developing and implementing legislation and pulicies and in decision-making processes
that concern them at all levels of governance and all stages of planning and implementation.
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