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Website of the UN Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical & Mental Health

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United Nations

A/HRC/29/33

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General Assembly

Distr.: General

2 April 2015

 

Original: English

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Human Rights Council
Twenty-ninth session

Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development

               Report of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, Dainius Pϋras

Summary

In the present report, submitted pursuant to Council resolution 24/6, the Special Rapporteur provides a brief account of his activities since he took office in August 2014.

The main focus of the report is on the work of the mandate of the Special Rapporteur on the right to health, focusing on the right to health framework, and the development of the contours and content of the right to health. He then reflects on how he sees the way forward, based on the current context, challenges and opportunities for the full realisation of the right to health.

The Special Rapporteur provides his conclusions and observations.

 

 


Contents

                                                                                                                                                                              Paragraphs        Page

                I.      Introduction......................................................................................................... 1–3              3

               II.      Activities during the reporting period.................................................................. 4–12              3

                         A.     Communications transmitted to States.............................................................. 4              3

                         B.     Country visits................................................................................................ 5–6              3

                         C.     Cooperation with the United Nations system and intergovernmental
                                   organizations............................................................................................... 7–11              3

                         D.     Cooperation with non-governmental organizations.......................................... 12              4

              III.      Overview of the work of the mandate (2003–2014)........................................... 13–31              4

             IV.      The way forward: context, challenges and opportunities................................... 32–63              7

                         A.     The policy approach to the right to health................................................... 37–48              8

                         B.     Right to health policies: power asymmetries,
                                   unbalanced approaches and other challenges............................................ 49–63              9

               V.      Themes as priorities........................................................................................ 64–118           11

                         A.     Global health in the post-2015 agenda........................................................ 64–67           11

                         B.     The right to health and public policy........................................................... 68–73           12

                         C.     Mental health and emotional well-being.................................................... 74–85           13

                         D.     The life-cycle approach to the right to health.............................................. 86–92           15

                         E.      The right to health of persons with disabilities.......................................... 93–100           16

                         F.      Violence as a major obstacle for the realization of the right to health                          101–109         17

                         G.     The role of stakeholders......................................................................... 110–118           18

             VI.      Conclusions and observations........................................................................ 119–122           20

                         A.     Conclusions............................................................................................ 119–121           20

                         B.     Observations................................................................................................. 122           20

 

 

Mental health and emotional well-being

1.     The historical divide, both in policies and practices, between mental and physical health has unfortunately resulted in political, professional and geographical isolation, marginalization and stigmatization of mental health care.

2.     The modern public mental health approach, which emerged in the global scene in the end of twentieth century with a critical mass of new evidence on the importance of mental health and the effectiveness of integrated approaches, still faces enormous challenges. It is regrettable that, in many countries and regions of the world, modern mental health care is still not available. Moreover, in countries which can afford to give resources to mental-health services, those resources are often used to support segregated psychiatric institutions where stigmatizing and human rights-unfriendly services are provided.

3.     The Special Rapporteur would like to highlight two key messages of the modern public mental-health approach. Firstly, there is no health without mental health. Secondly, good mental health means much more than absence of a mental impairment.

4.     The modern understanding of mental health includes good emotional and social well-being, healthy non-violent relations between individuals and groups, with mutual trust of, tolerance of and respect for the dignity of every person. In that regard, promoting good mental health should be a cross-cutting priority relevant to the sustainable development agenda, as it is of concern to many of its elements, including the protection of dignity and people in order to ensure healthy lives and strong inclusive economies; promote safe and peaceful societies and strong institutions; and catalyse global solidarity for sustainable development (see A/69/700).

5.     By investing in the good mental health of children and youth, a substantial contribution is made not only to the sustainable development of our economies, for which good emotional and cognitive abilities are needed, but also the root causes of intolerance and social exclusion are addressed and healthy and cohesive societies promoted.

6.     It is estimated that the burden of mental-health problems and mental disabilities constitutes 14 per cent of general burden of disease.[1] However, compared with physical health, mental health is given inadequately low priority and insufficient human and financial resources.

7.     The end of twentieth century brought two main messages to the international community. The first message was about the centrality of mental health in the modern health policies, based on the high burden of mental-health problems and mental disorders. The second message was that, contrary to the previous understanding, effective measures are possible if outdated traditions are abandoned and the modern public health approach is applied. In the twenty-first century there is no place for psychiatric institutions based on stigma and segregation, and there is a need, in words of G.H. Brundtland “to ensure that ours will be the last generation that allows shame and stigma to rule over science and reason”.[2]

8.     However, after more than a decade since the publication of the landmark World Health Report 2001, mental health remains hostage to outdated attitudes and inadequate services. Studies show that, in many instances, there is either no access to mental health services at all, or those services are stigmatizing and violate human rights.[3]

9.     One of the significant obstacles to the implementation of modern public mental-health principles is a lack of political will, including on global health agenda, to recognize the centrality of mental health in the full realization of the right to health and to implement the principle of parity between physical and mental health. The Special Rapporteur is concerned that, despite clear evidence of the increasingly heavy burden of mental ill-health, many important stakeholders continue to marginalize this field of health.

10.  Mental health deserves much more attention and must be effectively mainstreamed within the Sustainable Development Goals through the goals and benchmarks related to health and sustainable development. The high number of suicides and suicide attempts are an indicator that the mental health of individuals and population needs to be addressed very seriously.[4] Concerted and effective measures need to be applied to substantively address this challenge and reduce the numbers of suicides, which have in many countries reached epidemic rates. The Special Rapporteur will further analyse the relevance of human rights in addressing suicide and other mental health issues as a public health challenge.

11.  In some regions, resources allocated to mental health care are used ineffectively and predominantly for maintaining large segregated psychiatric long-term care institutions and separate psychiatric hospitals. In such institutions, psychotropic medications are too often overprescribed, including as a measure of chemical restraint or even as a punishment. That is an example of an imbalance: when resources are used for biomedical interventions and institutionalization and not for the development of psychosocial interventions through community-based services meeting more closely the individual needs of people. Such imbalances feed ineffective systems, reinforce stigma and social exclusion and lead to systemic violations of human rights, sometimes amounting to torture or ill-treatment.

12.  This, once again, reflects power asymmetries between interest groups behind different forms of services and interventions, and a lack of transparency, monitoring and accountability in mental health-care systems. WHO recommendations are very clear about the five obligatory components of community-based care for persons with severe psychosocial disabilities, which comprise access to psychotropic medications, psychotherapy, psychosocial rehabilitation, vocational rehabilitation and employment and supported housing. However, in many countries, a number of those components are not being implemented.[5]

          D.     The life-cycle approach to the right to health

13.  There is overwhelming evidence that many children die too young from preventable causes and/or suffer high levels of violence and insecurity. Consequently, the health status, quality of life and well-being of many individuals, groups and entire societies worldwide remain unacceptably low. The Special Rapporteur believes that the life-cycle approach can be used as one method to identify the critical elements of the challenges and opportunities for the reduction of preventable deaths and the improvement of health indicators, well-being and quality of life.

14.  The Special Rapporteur is planning to address right-to-health challenges using, among other methods, a life-cycle approach. Such an approach helps identify critical elements of challenges and opportunities for full realization of the right to health. It is during some important stages of the life course that the right to health needs to be particularly protected, since during those stages there is a greater risk of violations of human rights, including the right to health. On the other hand, interventions during those critical stages of life open up new opportunities and offer new health protective factors. The life-cycle approach can help in the prevention of chronic diseases in adult life through the effective protection of children from early childhood adversities.

15.  In line with the life-cycle approach, the Special Rapporteur will dedicate his next thematic report to the challenges to, opportunities for and best practices in promoting the right to health in early childhood. He will analyse two interdependent and indivisible rights directly related to the right to health: the right to survival and the right to development during first five years of life.

16.  The right to survival relates to the prevention of infant and under-5 mortality. Despite many achievements in the field of medicine, 6 million children under 5 die every year in the world. Those children do not die of unknown or incurable diseases or illnesses; they die because of the conditions in which they and their parents live and poor governance and accountability.

17.  The launch of the technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce and eliminate preventable mortality and morbidity of children under 5 years of age (A/HRC/27/31) in 2014 is a serious attempt to put an end to the unacceptable epidemics of preventable deaths of infants. The human rights-based approach is critically important in that regard since child mortality is intimately linked with human rights of women and the widespread discrimination against vulnerable groups of population.

18.  The right to holistic development is another equally important element of the right to health of children. Children need to be protected through the promotion and protection of their economic, social and cultural rights. Furthermore, from the moment of birth, children should also be considered as citizens entitled to all rights, including civil rights and freedoms. Their right to health should be promoted not only through the prevention of child mortality and morbidity but also through the protection of children’s right to holistic development.

19.  The life-cycle approach will be also be used in addressing the right of adolescents and youth to health; the role of family and parenting; mental-health issues and ways to prevent violence as a public health problem; and important issues around healthy ageing……….



           [1] WHO estimates available from www.who.int/mental_health/mhgap/en/.

           [2] World Health Report 2001: Mental Health: New Understanding, New Hope (Geneva, Switzerland, 2001), p. x.

           [3] Saraceno B., van Ommeren, M., Batniji, R., Cohen, A., Gureje, O., Mahoney, J., Sridhar, D., Chris Underhill, Ch., “Barriers to improvement of mental health services in low-income and middle-income countries”, The Lancet, vol. 370 (2007), pp. 1164–1174.

           [4] See WHO, “Preventing suicide — a global imperative” (2014).

           [5] See WHO, World Health Report 2001.