RIHR point of view on the draft amendment to the Mental Health Act
The right to health is closely related to and dependent on the achievement of the other human rights, as provided for in the international human rights treaties, such as the right to food, housing, work, education and human dignity, the right to life, non-discrimination, equality, prohibition of torture, respect for privacy, access to information, freedom of association, assembly and movement. The right to health in all its forms must contain essential and interdependent elements of the services: availability, accessibility, acceptability and quality.
Similarly, the right to health of persons with disabilities can not be achieved in isolation. It is closely related to such principles as non-discrimination, individual autonomy, social participation and inclusion, respect for differences, accessibility, and equal opportunities.
The amendments proposed by this bill, in particular Arts. 13-15, 29, 35-45, 53-61 should take into account the comments and recommendations of the various international and regional mechanisms.
In its point of view, RIHR emphasizes that the freedom to make one's own decisions, set out as a fundamental principle in Article 3 (a) of the Convention on the Rights of Persons with Disabilities, includes the freedom to take risks and make mistakes equally with the others. In this regard, decisions relating to medical and psychiatric treatment must be based on the freely expressed and informed consent of the individual and respect for the autonomy, will and first choices of the person.
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