Abstract
BackgroundPersons with psychosocial disabilities face disparate access to healthcare and social services worldwide, along with systemic discrimination, structural inequalities, and widespread human rights abuses. Accordingly, many people have looked to international human rights law to help address mental health challenges. On December 13, 2006, the United Nations formally adopted the Convention on the Rights of Persons with Disabilities (CRPD) – the first human rights treaty of the 21st century and the fastest ever negotiated.MethodsThis study assesses the CRPD’s potential impact on mental health systems and presents a legal and public policy analysis of its implementation in one high-income country: Canada. As part of this analysis, a critical review was undertaken of the CRPD’s implementation in Canadian legislation, public policy, and jurisprudence related to mental health.ResultsWhile the Convention is clearly an important step forward, there remains a divide, even in Canada, between the Convention’s goals and the experiences of Canadians with disabilities. Its implementation is perhaps hindered most by Canada’s reservations to Article 12 of the CRPD on legal capacity for persons with psychosocial disabilities. The overseeing CRPD Committee has stated that Article 12 only permits “supported decision-making” regimes, yet most Canadian jurisdictions maintain their “substitute decision-making” regimes. This means that many Canadians with mental health challenges continue to be denied legal capacity to make decisions related to their healthcare, housing, and finances. But changes are afoot: new legislation has been introduced in different jurisdictions across the country, and recent court decisions have started to push policymakers in this direction.ConclusionDespite the lack of explicit implementation, the CRPD has helped to facilitate a larger shift in social and cultural paradigms of mental health and disability in Canada. But ratification and passive implementation are not enough. Further efforts are needed to implement the CRPD’s provisions and promote the equal enjoyment of human rights by all Canadian citizens – and presumably for all other people too, from the poorest to the wealthiest countries.
Highlights
Persons with psychosocial disabilities face disparate access to healthcare and social services worldwide, along with systemic discrimination, structural inequalities, and widespread human rights abuses
This study shows that while the CRPD remains conspicuously absent from Canadian legislation, public policy, and jurisprudence, the country’s ratification of the Convention has facilitated an important shift in the social and cultural paradigms surrounding psychosocial disability in Canada
The United Nations (UN) Convention on the Rights of Persons with Disabilities Historically, persons with disabilities have been treated as recipients of welfare, health, and charity programmes, rather than individuals deserving of equal legal rights
Summary
Persons with psychosocial disabilities face disparate access to healthcare and social services worldwide, along with systemic discrimination, structural inequalities, and widespread human rights abuses. In response to rising substance abuse, many countries in Southeast Asia, such as Cambodia and Myanmar, have adopted laws that allow for compulsory detention as a treatment for persons living with drug addictions. These compulsory drug detention centres have drawn international outrage for subjecting patients to forced labour, physical and sexual abuse, inadequate provision of healthcare, lack of consent for treatment, and involuntary imprisonment [3]. Past policies and practices of forced assimilation, such as residential schools, have prevented Aboriginals from expressing their languages, dress, beliefs, and culture, resulting in severely deleterious long-term effects on the population’s health and mental welfare [6]
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