Human rights of persons with mental illness in Indonesia: more than legislation is needed

H Minas,YA Prasetyo,I Irmansyah

doi:10.1186/1752-4458-3-14

Abstract

BackgroundAlthough attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met.MethodsWe examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media.ResultsThe focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness.ConclusionMore than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness.

Highlights

Attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory
Presidential Decree No 129 of 1998 concerning the National Human Rights Plan, dealt with preparation for the ratification of international human rights instruments; dissemination of information and education on human rights; implementation of priority issues on human rights, and implementation of the international human rights instruments which had been ratified by Indonesia [9]
In order to explore the human rights situation of people with mental illness in Indonesia we commenced with an examination of the Indonesian Constitution and the amendments to the Constitution, reviewed relevant international law which has been ratified by Indonesia, examined the composition and functions of the National

Summary

Introduction

Attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met. During the Soeharto era a number of political movements emerged, such as Tj Priok movement, Talangsari, Lampung, East Timor [1] and GAMH in Aceh. International Journal of Mental Health Systems 2009, 3:14 http://www.ijmhs.com/content/3/1/14. "the public sector continues to be characterized by inefficiencies, corruption, and lack of regard for the needs of the society at large" [2]. There is a need for continuing and substantial structural and procedural reforms in the systems of public administration

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