[Norway] [Norwegian] [German: folter-abschaffen.de]
Abolish forced psychiatric interventios (3) on the basis:
Page 5 of the speech of Special Rapporteur on Torture Juan E Méndez in 22. meeting of the "Human Rights Council" 4. March 2013: "States should impose an absolute ban on all forced and non-consensual medical interventions against persons with disabilities, including the non-consensual administration of psychosurgery, electroshock and mind-altering drugs, for both long- and short- term application. The obligation to end forced psychiatric interventions based on grounds of disability is of immediate application and scarce financial resources cannot justify postponement of its implementation."
Report A/HRC/22/53 of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment of 1. February 2013, Section 32: "For example, the mandate has held that the discriminatory character of forced psychiatric interventions, when committed against persons with psychosocial disabilities, satisfies both intent and purpose required under the article 1 of the Convention against Torture, notwithstanding claims of “good intentions” by medical professionals (ibid., paras. 47, 48)". Section 82.: "The prohibition of torture is one of the few absolute and non-derogable human rights, a matter of jus cogens, a peremptory norm of customary international law."
The Committee on the Rights of Persons with Disabilities emphasizes full respect for legal capacity, the absolute prohibition of involuntary detention based on impairment and the elimination of forced treatment (see A/HRC/34/32)
The United Nations Special Rapporteurs on the rights of persons with disabilities, Catalina Devandas-Aguilar, and on the right to health, Dainius Pûras: “Dignity must prevail” – An appeal to do away with non-consensual psychiatric treatment World Mental Health Day – Saturday 10 October 2015 «The concept of ‘medical necessity’ behind non-consensual placement and treatment falls short of scientific evidence and sound criteria.»
A/HRC/36/37 Report of the Working Group on Arbitrary Detention on its visit to the United States of America 17 July 2017. Section 76: “Involuntary institutionalization of persons with psychosocial disabilities and forced treatment is prohibited.”
Urgent
Appeal to Norway to discontinue forced treatment and hospitalization
by the UN Working Group on Arbitrary Detention, the UN Special
Rapporteur on the Rights of Persons with Disabilities and the UN
Special Rapporteur on the right to Health datet 30. January 2017
(1).
A man was placed under “compulsary mental health
care”. Appeals to the Supervisory commission, Oslo district
court, Borgating court of appeal and Supreme Court (2. January 2015)
were rejected. The Council Govener (Fylkemann) rejected a complaint
against coersive medical care.
The UN urgent appeal is based on
the International Covenant on Civil and Political Rights (CCPR), the
Convention against Torture (CAT), the International Covenant on
Economic, Social and Cultural Rights (CESCR) and the Convention on
the Rights of Persons with Disabilities (CRPD). These provisions
impose an immediate obligation om the States to immediately
discontinue practices of forced treatment/hospitalization and reform
laws allowing for deprivation of liberty and forced treatment on the
basis of disabilities by replacing these practices with services in
that meet needs expressed by persons with disabilities and respect
the autonomy, choices, dignity and privacy. While awaiting a reply,
we urge that all necessary interim measures to be taken to halt the
alleged violations and prevent there re-occurance...
Report of the Working Group on Arbitrary Detention on its visit to the United States of America. A/HRC/36/37/Add.2. 17 July 2017 “The persons are to be released if the grounds for hospitalization no longer exist. Involuntary institutionalization of persons with psychosocial disabilities and forced treatment is prohibited.”
“Forced treatment and other harmful practices, such as solitary confinement, forced sterilization, the use of restraints, forced medication and overmedication (including medication administered under false pretences and without disclosure of risks) not only violate the right to free and informed consent, but constitute ill-treatment and may amount to torture. Accordingly, the Committee on the Rights of Persons with Disabilities has called for the abolition of all involuntary treatment and the adoption of measures to ensure that health services, including all mental health services, are based on the free and informed consent of the person concerned.” Mental health and human rights. Report of the United Nations High Commissioner for Human Rights. 31 January 2017 A/HRC/34/32
5.
“The United Nations High Commissioner for Human Rights, Zeid
Ra’ad Al Hussein,….. called for the elimination of
practices such as forced treatment, including forced medication,
forced electroconvulsive treatment, forced institutionalization and
segregation.”
41. “The Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment made
concrete recommendations for moving forward. He stressed the
pressing need to abolish legislation that allowed persons with
disabilities to be institutionalized...” A/HRC/39/36
Mental health and human rights Advance edited version Distr.:
General 24 July 2018
Binding Psychiatric Advance Directives (German Advanced directive) can be a first step (2).
In General Comment 1 premise 42 the Convention on the Rights of Persons with Disabilities (CRPD) Committee states about force in psychiatry:
“As has been stated by the Committee in several concluding observations, forced treatment by psychiatric and other health and medical professionals is a violation of the right to equal recognition before the law and an infringement of the rights to personal integrity (art. 17); freedom from torture (art. 15); and freedom from violence, exploitation and abuse (art. 16).”
Restitution (restoration of liberty)
Compensation (economically, moral damage)
Rehabilitation (official declaration, public apologies)
Satisfaction (e. g. truth commission)
Guarantees of non-repetition
Support Campaign to Support CRPD Absolute Prohibition of Commitment and Forced Treatment: https://absoluteprohibition.org/author/chrusp/
Sign the campaign: https://www.causes.com/campaigns/102618-stop-torture-in-psychiatry-in-norway
References:
30. Janury 2017: 4. Urgent Appeal to Norway to discontinue forced treatment/hospitalization of the UN Working Group on Arbitrary Detention, Special Rapporteur on Rights of Persons with Disabilities, Special Rapporteur on Health (ref. UA Norway 1/2017): https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22955
Psychiatric Advance Directives: http://psychrights.org/Countries/AdvanceDirectives.htm
Minkowitz, Advocacy paper on forced interventions as torture: http://www.chrusp.org/media/AA/AG/chrusp-biz/downloads/29591/supplementary_paper_on_article_11.doc