World Mental Health Day: A Call for Legislative Changes to End Coercion
Today, on World Mental Health Day, the World Health Organization (WHO) emphasizes the urgency of legislative reforms to eradicate coercion within mental health services and to establish free and informed consent as the cornerstone of all mental health interventions.
World Mental Health Day, observed every year on October 10th, serves as a global platform to raise awareness about mental health issues and to rally support for those grappling with such challenges.
The WHO insists that legislative frameworks should offer guidance on how complex and demanding cases can be addressed within policies and laws, all without resorting to coercive tactics.
In the pursuit of respecting individuals' rights to make informed health decisions, the WHO underscores the importance of terminating coercive practices in mental health, including involuntary confinement, forced treatments, isolation, and physical restraints.
"Mental health is an integral and essential component of the right to health," emphasizes Tedros Ghebreyesus, WHO Director-General. "This new guidance will support countries in effecting changes required to deliver quality mental healthcare that aids in a person's recovery while upholding their dignity. It empowers individuals with mental health conditions and psychosocial disabilities to lead fulfilling, healthy lives within their communities."
Evidence increasingly shows the detrimental impact of coercive practices on both physical and mental health, often exacerbating existing conditions and isolating individuals from their support networks.
Sadly, human rights violations and coercive practices in mental healthcare are still widespread. These practices include involuntary hospitalization and treatment, unsanitary living conditions, as well as physical, psychological, and emotional abuse within mental health services across the globe.
In Nigeria, the WHO's Mental Health Atlas 2020 revealed that about three out of 10,000 individuals suffer from mental disorders, yet there is inadequate provision for their care. The per capita mental health expenditure in Nigeria stood at a meager N89 in 2020, one of the lowest rates worldwide.
The new guidance is designed to assist legislators and policymakers involved in shaping and amending legislation related to mental health, including laws addressing poverty, inequality, and discrimination. It includes a checklist that countries can use to assess whether their mental health legislation aligns with international human rights standards.
Furthermore, the guidance underscores the significance of involving individuals with lived experience and their representative organizations as vital contributors to the process, as well as the importance of raising public awareness about rights-based issues.
While the guidance offers a set of principles and provisions that nations can adopt within their own legislation, it also allows for customization to suit individual circumstances without compromising human rights standards.
Although many countries have initiated reforms since the adoption of the United Nations Convention on the Rights of Persons with Disabilities in 2006, too few have taken the comprehensive legislative measures required to combat abuses and uphold human rights in mental healthcare.
"Our goal must be to revolutionize mental health services, not just in terms of their reach, but in their fundamental values, making them truly responsive to individual needs and dignity. This publication provides guidance on how a rights-based approach can support the transformation necessary within mental health systems," remarked Volker Türk, UN High Commissioner for Human Rights.
