RES/32/18 Mental health and human rights

GE.16-12308(E)

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Human Rights Council Thirty-second session

Agenda item 3

Resolution adopted by the Human Rights Council on 1 July 2016

32/18. Mental health and human rights

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Guided also by the Universal Declaration of Human Rights and by all relevant

international human rights treaties, in particular the International Covenant on Civil and

Political Rights, the International Covenant on Economic, Social and Cultural Rights, the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment, the Convention on the Elimination of All Forms of Discrimination against

Women, the Convention on the Rights of the Child and the Convention on the Rights of

Persons with Disabilities,

Reaffirming that all human rights are universal, indivisible, interrelated,

interdependent and mutually reinforcing,

Reaffirming also that all human beings are born free and equal in dignity and rights,

and recognizing that these rights derive from the inherent dignity of the human person,

Reaffirming further that everyone has the right to life, liberty and security of person,

to live independently and be included in the community, and that no one shall be subjected

to torture or to cruel, inhuman or degrading treatment or punishment,

Recalling that, according to the Constitution of the World Health Organization,

health is a state of complete physical, mental and social well-being and not merely the

absence of disease or infirmity,

Reaffirming the right of everyone to the enjoyment of the highest attainable standard

of physical and mental health, and emphasizing that mental health is an integral part of that

right,

Recalling that States should take measures to the maximum of their available

resources and, where needed, within the framework of international cooperation, in the

context of mental health,

Reaffirming the right of everyone to be guaranteed the full enjoyment of their human

rights and fundamental freedoms, without discrimination of any kind,

Deeply concerned that persons with mental health conditions or psychosocial

disabilities, in particular persons using mental health services, may be subject to, inter alia,

widespread discrimination, stigma, prejudice, violence, social exclusion and segregation,

unlawful or arbitrary institutionalization, overmedicalization and treatment practices that

fail to respect their autonomy, will and preferences,

Equally concerned that such practices may constitute or lead to violations and

abuses of their human rights and fundamental freedoms, sometimes amounting to torture or

other cruel, inhuman, or degrading treatment or punishment, and conscious that greater

commitment is needed to address all the remaining challenges in this regard,

Recognizing the need to protect, promote and respect all human rights in the global

response to mental health-related issues, and stressing that mental health and community

services should integrate a human rights perspective so as to avoid any harm to persons

using them,

Convinced that the Human Rights Council, in fulfilling its responsibility for

promoting universal respect for the protection of all human rights and fundamental

freedoms for all, without distinction of any kind and in a fair and equal manner, has an

important role to play in the area of mental health and human rights to foster constructive

international dialogue and cooperation, and to promote human rights education and

learning, and also advisory services, technical assistance, capacity-building and awareness-

raising,

Acknowledging the leadership of the World Health Organization in the field of

health and also the work it has carried out to date to integrate, inter alia, a human rights

perspective into mental health, and recalling the commitment of States to achieve this

through the implementation of the Organization’s Comprehensive Mental Health Action

Plan 2013-2020,

1. Reaffirms the obligation of States to promote and protect all human rights and

fundamental freedoms and to ensure that policies and services relating to mental health

comply with international human rights norms;

2. Recognizes the need for States to take active steps to fully integrate a human

rights perspective into mental health and community services, particularly with a view to

eliminating all forms of violence and discrimination within that context, and to promote the

right of everyone to full inclusion and effective participation in society;

3. Requests the United Nations High Commissioner for Human Rights to

prepare a report on the integration of a human rights perspective into mental health and the

realization of the human rights and fundamental freedoms of persons with mental health

conditions or psychosocial disabilities, including persons using mental health and

community services, and to submit the report to the Human Rights Council at its thirty-

fourth session, in which the High Commissioner:

(a) Identifies existing challenges and emerging good practices, and makes

recommendations in that regard;

(b) Identifies ways and means for strengthening technical assistance and

capacity-building, taking into account existing activities and experiences in this area, in

consultation with and with the consent of the States concerned;

4. Encourages the High Commissioner, when preparing the above report, to

liaise with and seek the views of Member States and all other relevant stakeholders, as

appropriate, including relevant United Nations bodies, agencies, funds and programmes, in

particular the World Health Organization, special procedures, in particular the Special

Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of

physical and mental health and the Special Rapporteur on the rights of persons with

disabilities, the treaty bodies, national human rights institutions and civil society;

5. Decides to remain seized of the matter.

43rd meeting

1 July 2016

[Adopted without a vote.]