Mental Illness, Discrimination and the Law

Felicity Callard is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Norman Sartorius is a Croatian psychiatrist and university professor. Sartorius is a former director of the World Health Organization's Division of Mental Health, and a former president of the World Psychiatric Association and of the European Psychiatric Association. Julio Arboleda-Flórez is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Peter Bartlett is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Hanfried Helmchen is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Heather Stuart is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. José Taborda is the author of Mental Illness, Discrimination and the Law: Fighting for Social Justice, published by Wiley. Graham Thornicroft, Health Service and Population Research Department, Institute of Psychiatry, King's College London, UK.

Acknowledgements, ix Glossary, xiii

1 Introduction, 1

1.1 Using the law in the fight for social justice, 1

1.2 Whom are we addressing?, 5

1.3 The history of this book, 7

1.4 How the book has been organised, 12

1.5 Terms used to describe mental health problems, 14

1.6 Our authorial voice(s), 16

References, 17

2 Principles and Concepts, 19

2.1 The tension between advancing the rights of people with mental health problems and attitudes in society, 20

2.2 Law relating to people with mental health problems: the historical context, 21

2.3 Discrimination, 24

2.4 General versus specific law, 36

2.5 Importance of enforcement, 39

2.6 Social model of disability, 41

2.7 Capacity and competence, 44

2.8 Human rights, 47

2.9 Stigma, discrimination and ‘structural violence’, 52

2.10 Social justice, 54

2.11 What comes next?, 57

References, 57

3 Civil and Political Participation, 63

3.1 Voting, 63

3.2 Jury service, 65

3.3 Measures intended to optimise civil and political participation, 66

References, 69

4 Legal Capacity, Decision-making, Discriminatory Statutes and Practice, 71

4.1 Guardianship and the legal right to make decisions, 71

4.2 Discriminatory statutes and practice, 76

References, 78

5 Work and the Workplace, 79

5.1 Mental health problems and labour force participation, 79

5.2 Intellectual disabilities and labour force participation, 81

5.3 Employment disability legislation, 82

References, 86

6 Education, 89

6.1 United Nations Covenants and examples of country-based legislation, 90

References, 95

7 Housing, 99

7.1 Discrimination in housing, 99

7.2 Examples of legislation, 100

7.3 Community living, 103

References, 106

8 Social Security and Social Protection, 109

8.1 What are social security and social protection?, 109

8.2 Social security and social protection for people with mental health problems, 110

8.3 Elements of social protection/social services legislation, 113

8.4 Implementation challenges, 117

8.5 Examples of legislation, 119

References, 121

9 Health, Health Care and the Right to Health, 125

9.1 Inferior access to mental health care, 125

9.2 Excess rates of co-morbidity and mortality, 125

9.3 ‘Diagnostic overshadowing’ and ‘treatment overshadowing’, 127

9.4 The right to health, 128

9.5 Examples of legislation, 131

References, 132

10 Protection Against Abuse and Research Involving Vulnerable Populations, 137

10.1 General considerations in research, 139

10.2 The nature of vulnerability, 140

10.3 Protection and remedies, 141

10.4 The nature and quality of the investigation, 143

References, 146

11 Promotion of Mental Health and Prevention of Mental Illness, 149

11.1 Public health approaches to promotion and prevention, 150

11.2 UNCRPD in relation to mental health promotion and mental illness prevention, 151

11.3 Examples of legislation, 153

11.4 Other legislation to promote mental health and prevent mental illness, 156

References, 157

12 Implementation and Enforcement, 159

12.1 Implementation plans and policies, 159

12.2 Participation: professional groups, service user organisations and carer organisations, 166

12.3 Inspections and visitation, 170

12.4 Hearings, 174

12.5 National Human Rights Institutions (NHRIs), 176

12.6 Other complaints mechanisms, 179

12.7 Advocacy, 179

References, 181

13 Summary and Conclusions, 185

References, 190

14 International and Regional Instruments, Standards, Guidelines and Declarations, 191

14.1 International instruments and standards, 193

14.2 Regional human rights systems, treaties, conventions, charters and standards, 203

14.3 Non-binding standards, guidelines and declarations, 215

14.4 Full texts, 220

15 Examples of Disability Legislation from Across the World, 299

16 Organisations and Resources, 307

16.1 Legislation libraries and databases, 307

16.2 World Health Organization literature and resource, 308

16.3 Other intergovernmental organisations and resources, 314

16.4 Non-governmental organisations (NGOs) and resources, 317

Index, 323