human rights based approach to mental health · human rights based approach to mental health...

Human Rights Based Approach to Mental Health

Giampiero Griffo

Disabled PeoplesInternational - DPI

Disabled Peoples’

International-DPI

• 142 National Assembly members (30 in Europe)

• 6 Regional Organisation (Africa, Arab, Asia-Pacific, Europe, North-America & Caraibic,

DPI-EuropeEuropean Disability Forum

Pacific, Europe, North-America & Caraibic, South America)

• Consultative Status in all international Bodies (UN, WHO, ILO, Council of Europe, UE, etc.)

www.dpi.org

www.dpi-europe.org

3.5.2008 Entry in force of UN Convention on the rights of PwDEU ratify 23.1.2011

160 States has signed CRPD92 States has signed Optional Protocol

174 States has ratified CRPD (90%)92 States has ratified Optional Protocol (47%)

�CRPD is an international

standard both for persons

with disabilities programs and with disabilities programs and

policies and for general

development

�And for professionals

Higher recognition of the

rights of pwd

From the recognition of the needs

To recognition of the rights

I need of a public

transportation

I have the right of a public

transportation

New perspectivesfor PwD in the world

1 billions of

Persons with

Disabilities canDisabilities can

Change their

Quality of life

(15% of world

population)

Condition of PwD in the world

82% live in developing countries

(about 820 millions, 1/3

of the poor population)

0

100 Est

Ovest

Nord


Only 2% receives services or support380 milions not have rehabilitation services or sanitary services (WHO)


90% of

pwd are

unemployed


(ILO)


95% children with

disabilities

not have accessnot have access

to a formal

education

INVISIBLE CITIZEN

THEY MEET OBSTACKES BARRIERS AND DISCRIMINATION FOR ENJOY

THEIR RIGHTS, THEY ARE EXCLUDED FOR THE GENERAL POLICIES AND

PROGRAMS

The contents of the UN Convention will be the base

of intervention in all countries

Article 1 - Purpose

1. The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment

of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their

inherent dignity.2. Persons with disabilities include those who have

long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers

may hinder their full and effective participation in society on an equal basis with others.

Psycho-social,

intellectual and

cognitive disabilitycognitive disability


World Health Organization (2010)

Mental health conditions affect millions of people in the world (450 millions):

151 million persons suffer from depression

26 million from schizophrenia

125 million persons are affected by alcohol use disorder

As many as 40 million people suffer from epilepsy

24 million from Alzheimer and other dementias.

Around 844 thousand persons die by suicide every year

Conflictive discussion in the AHC on art. 12

Article 12 - Equal recognition before the law

1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law. 2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. 3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity. 4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests. 5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.

DPI-Europe

In Arabic, Chinese and

Russian, the term “legal

capacity” refers to “legal

capacity for rights”,

rather than “legal capacity rather than “legal capacity

to act”.


Informed consent

sanitary obbligatory treatment

psychotropic medicationspsychotropic medications


In the wold only about 40

countries are in developing

the Basaglia approach


WHO instrument to monitor quality

and human rights in mental health

facilities -iNspectorate

The right to an adequate standard of living .The right to the enjoyment of the highest attainable standard of physical and mental healthThe right to exercise legal capacity and to personal The right to exercise legal capacity and to personal liberty and the security of person. Freedom from torture or cruel, inhuman or degrading treatment or punishment and from exploitation, violence and abuseThe enjoyment of civil, cultural, economic, political and social rights.


WHO -25.5.2012 – WHA 65.4

The action plan on Mental Health

2013-2020

The global burden of mental

disorders and the needdisorders and the need

for a comprehensive, coordinated

response from

health and social sectors at the

country level


to strengthen advocacy, and develop a

comprehensive mental health action plan

with measurable outcomes, based on an

assessment of vulnerabilities and risks,

in consultation with and for consideration

by Member States, covering services,

policies, legislation, plans, strategiespolicies, legislation, plans, strategies

and programmes to provide treatment,

facilitate recovery and prevent mental

disorders, promote mental health and

empower persons with mental disorders to

live a full and productive life in

the community

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Persons with disabilities

are part of society


CRPD recognises “… the need

to promote and protect the

human rights of all persons

with disabilities,

including those who require including those who require

more intensive support”

(Preamble j)


THE CHALLENGE OF DEVELOPMENTAL THE CHALLENGE OF DEVELOPMENTAL

DISABILITIESDISABILITIES

Individuals with disabilities who, due to the severity and complex nature of their impairment, require a high level of support…require

•intensive and permanent quality services geared to their specific needs•intensive planning and co-ordination across relevant

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•intensive planning and co-ordination across relevant authorities, government agencies and service providers both at national and local levels

Their quality of life is very much dependent on the availability of appropriate and quality services that respond to their and their families’ needs

(Council of Europe - Committee Of Ministers’ Recommendation on Disability Action Plan 2006-2015)

ENSURING RIGHTS TO PEOPLE WITH ENSURING RIGHTS TO PEOPLE WITH

DEVELOPMENTAL DISABILITIESDEVELOPMENTAL DISABILITIES

is a duty of the community

should be included among the priority objectives of any social policy

Failure to protect the rights of citizens with disabilities and

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Failure to protect the rights of citizens with disabilities and improve their opportunities… is a violation of human dignity

results in … many people becoming unnecessarily dependent

(Council of Europe - Committee Of Ministers’ Recommendation No. R (92) 6 On A Coherent Policy For PwD)

CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

ARTICLE 3 - GENERAL PRINCIPLES • The principles of the present Convention shall be:

• (a) Respect for inherent dignity, individual autonomyincluding the freedom to make one’s own choices, and independenceof persons;

• (b) Non-discrimination;

• (c) Full and effective participation and inclusionin society;• (c) Full and effective participation and inclusionin society;

• (d) Respect for difference and acceptance of disability as part of human diversityand humanity;

• (e) Equality of opportunity;

• (f) Accessibility;

• (g) Equality between men and women;

• (h) Respect for the evolving capacities of childrenwith disabilities and respect for the right of children with disabilities to preserve their identities.

UN Convention on the rights of PwDArticle 5 – Equality and non discrimination

• 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.

• 2. States Parties shall prohibit all discrimination on the basis of disability and guaranteeto persons with disabilities equal and effective

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legal protection against discrimination on all grounds.

• 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.

• 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

Discrimination on the basis of disability

“Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;

The condition of persons with disabilities is a Human Rights matter

Discrimination is the different treatment without justification

The Condition of PwD

PwD are discriminated citizen and live conditions of lack of equal opportunity

PwD meet obstacles and

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PwD meet obstacles and barriers to social participation

PwD = INVISIBLE CITIZEN

DISCRIMINATION OF PERSONS WITH ASD IN HEALTH CARE

the vast majority (71%) receive a proper diagnosis 1 year late or more (Survey on discrimination of persons with ASD, Autism-Europe, 2002)

15/12/2008D. Vivanti 36

life expectancy of people with severe intellectual disability is 20 years less than the rest of the population (WHO, 2008)

high levels of unrecognised and / or poorly-managed, secondary medical conditions (WHO, 2008)

UN CONVENTION

HEALTH

“States Parties…provide those health services needed by persons with disabilities specifically

15/12/2008D. Vivanti 37

needed by persons with disabilities specifically because of their disabilities, including early identification and intervention … and services designed to minimize and prevent further disabilities”

(Article 25)

Equal opportunities(UN Standard rules - 1993)

• “24. To realize ’"equal opportunities" means to make possible the process through which the different societies and different environments, as well as the services, activities, information and documentation, are rendered accessible to all, especially to persons with disability.

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to persons with disability.

• 25. The principle of equality of rights implicates that the needs of each person and of all individuals are of equal importance, that these needs must become the foundation for the planning of societyand that all the resources are committed in such a way toassure that each individual has the same opportunity to take part .

Equal opportunities(UN Standard rules - 1993)

26. Persons with disability are members of society and have the right to stay within their community. They should receive the support they need within ordinary structures for education, health, the commitment and welfare services.

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services.

27. When persons with disability acquire equal rights, they should have equal duties. When these rights have been acquired, society should increase their expectations towards persons with disability. As part of the process for equal opportunities, we should see to it that, persons with disability take on their full responsibility as members of

society.

Disability in not only a competence field for professionals, but mainly a political and cultural problem


The disability condition is both cause and effect of povertypoverty

Poverty and PwD

Poverty for economic and social condition: lack of economic resources , degradated conditions (health, food, igienic, social, etc.)etc.)

POVERTY OF RESOURCES

Poverty and PwD

Poverty for social impoverishment: obstacles and barriers for access to rights, unequal and discriminated treatment, more cost to enjoy goods and treatment, more cost to enjoy goods and services, etc.

POVERTY OF RIGHTS

Research of Leonard

Cheshire in United Kingdom

A family in which live a person with disabilities have the double probability to become poor

Poverty and PwD

Economic poverty and social condition +

Poverty for social impoverishment =

POVERTY OF SOCIAL RECOGNITION

Social Exclusion

NO ONE LEFT BEHINDNO ONE LEFT BEHIND

WHO AND SDGs

This better world is envisioned in the

declaration as a place “where physical,

mental and social well-being are

assured” in keeping with the WHO

definition of health. Specifically, goal 3

of the 17 Sustainable Developmentof the 17 Sustainable Development

Goals (SDGs) focuses on ensuring

healthy lives and promoting well-being

for all at all ages. World leaders have

committed to “prevention and treatment of noncommunicablediseases, including behavioural, developmental and neurological disorders, which constitute a major challenge for sustainable development”. DPI-EuropeEuropean Disability Forum

SDGs and persons with disabilities

19. We reaffirm the importance of the Universal Declaration of Human Rights, as well as other international instruments relating to human rights and international law. We emphasize the responsibilities of all States, in conformity with the responsibilities of all States, in conformity with the Charter of the United Nations, to respect, protect and promote human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other status.


SDGs and persons with disabilities

23. People who are vulnerable must be empowered. Those whose needs are reflected in the Agenda include all children, youth, persons with disabilities (of whom more than 80% live in poverty), people living with HIV/AIDS, older persons, indigenous peoples, refugees HIV/AIDS, older persons, indigenous peoples, refugees and internally displaced persons and migrants. We resolve to take further effective measures and actions, in conformity with international law, to remove obstacles and constraints, strengthen support and meet the special needs of people living in areas affected by complex humanitarian emergencies and in areas affected by terrorism. DPI-Europe

21/12/2017Disability and Inclusion

SDGe and persons with disabilities

Goal 4. Ensure inclusive and equitable qualityeducation and promote lifelong learningopportunities for all

Goal 8. Promote sustained, inclusive and sustainableGoal 8. Promote sustained, inclusive and sustainableeconomic growth, full and productive employmentand decent work for all

Goal 10. Reduce inequality within and amongcountries

Goal 11. Make cities and human settlementsinclusive, safe, resilient and sustainable

UN ask to collect data based on

Human rights (CRPD)

Sustainable Development Goals - Follow-up and review 74

Follow-up and review processes at all levels will be guided by the following principles:the following principles:

g. They will be rigorous and based on evidence, informed by country-led evaluations and data which is high-quality, accessible, timely, reliable and disaggregated by income, sex, age, race, ethnicity, migration status, disability and geographic location and other characteristics relevant in national contexts.

What means HR for persons with

psichosocial disabilities

Disability – remove barriers and discrimination

Legal protection

New Treatment/empowermentNew Treatment/empowerment

Collecting Data

Appropriate Policies/inclusion

CBR-CBID

Monitoring


Paradigma’s Change

From Medical Model of Disability ��

To Social Model of Disability based on Human rights respect

Medical Model Social Model on HR

PWD are ill, invalid

Treatment is recovery and protection

The PWD need to be

PWD are citizen with different abilities

PWD live discrimination & lack of equal

The PWD need to be segregated

Prevalent competences for PwD are medical

& lack of equal opportunity

Treatment is social inclusion

All society is competent

Definition of disability

into UN Convention

“disability results from the interaction between persons with impairments and attitudinal and environmental and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others” (preamble e)

Human DiversityHuman Diversity

Convention on the rights of persons with DisabilitiesUN 2006UN 2006

Functions and body Functions and body ActivitiesActivities ParticipationParticipation


Environmental & Environmental & social factorssocial factors

Impoverishment/Impoverishment/empowermentempowerment

Personal factorsPersonal factors

Empowerment/iEmpowerment/impoverishmentmpoverishment

Functions and body Functions and body structuresstructures

(characteristics)(characteristics)

ActivitiesActivities(Limitation & (Limitation &

Discrimination)Discrimination)

ParticipationParticipation(Restrinction & (Restrinction &

Inclusion)Inclusion)

An unic human being with all own An unic human being with all own characteristics

Any person have a functional diversity

A beautiful

mind…

John Forbes

Nash Jr.

nobel 1994, nobel 1994,

person with

schizofrenia


Convention on the rights of

persons with Disabilities

Persons with Disabilities are part of the society and enjoy of human rights

The condition of persons with specific characteristics depend from social and individual factorsdepend from social and individual factors

Disability isn’t only an health condition

The states are responsible to reduce disability condition, removing barriers, obstacles and discrimination, both in health and social factors

Because Disability is an ordinary condition of all human being is part of the general policies

Prevent disability isn’t a

cost but economical and

social convenience


Convention on the Rights ofPersons with Disabilities

Article 4 – General Obligations

2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where

63

to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.

Actions for Legal protection

Approve legislation based on CRPD

Training on Human Rights legal protection PwD, DPOs and lawyersDPOs and lawyers

Create legal protection centers

Building alliance with HR Commission and otherHR independent bodies


Simple questionsWho decide segregation? Why decide segregation? Is it

the best interess of the persons the segregation? Are segregate the families too?


TO CONTROL IF THE THE

Program in Italy that the Commissioner on personal freedoms in collaboration with the DPOs

TO CONTROL IF THE THE

INSTITUTS ON SOCIAL CARE

RESPECT HUMAN RIGHTS OF

PERSONS WITH DISABILITIES


The Convention establishes

that all mental health

services designed for

persons with disabilities

are to be effectively are to be effectively

monitored by independent

authorities (art. 16.3).


Empowerment

� Enforce the capacity and skills� Give power in society

� Support the participation of PwD into � Support the participation of PwD into society and their communities, create DPOs and support involvement of DPOs in the process of ratification, implementation and monitoring of CRPD

� Training Pwd and families on Human Rights

Empowerment

� Individual

� Social

Political� Political

UN Convention on the rights of PwDArticle 26 – Habilitation and rehabilitation

1. States Parties shall take effective and appropriate measures, including

through peer support, to enable persons with disabilities to attain and

maintain maximum independence, full physical, mental, social and

vocational ability, and full inclusion and participation in all aspects of

life. To that end, States Parties shall organize, strengthen and extend

comprehensive habilitation and rehabilitation services and

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comprehensive habilitation and rehabilitation services and

programmes, particularly in the areas of health, employment,

education and social services, in such a way that these services and

programmes:

(a) Begin at the earliest possible stage, and are based on the

multidisciplinary assessment of individual needs and strengths;

(b) Support participation and inclusion in the community and all

aspects of society, are voluntary, and are available to persons with

disabilities as close as possible to their own communities, including in

rural areas.

Re-habilitate

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Habilitate

Read with closed eyes

Move without walking

Communicate without speaking

Living with open heartLiving with open heart

Re-habilitate society

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Habilitate all professionals &

politicians

How empower and habilitate

persons with psicho-social

disability? disability?


CRPD Article 12 requires states to

recognize the legal capacity of

persons with disabilities to make

their own decisions, equally with

others, and to be supported to make

their own decisions rather than

someone else deciding for the person

with a disability.

CRPD Article 14 prohibits deprivation

of liberty based on the existence of a

disability.DPI-EuropeEuropean Disability Forum


ensure that persons with disabilities

have the opportunity to choose their

place of residence and where and with

whom they live on an equal basis with

others and are not obliged to live in

a particular living arrangement.


ensure that health care is provided to

persons with disabilities on the basis

of free and informed consent. DPI-EuropeEuropean Disability Forum

Article 17 - Protecting the

integrity of the person

Article 18 -Liberty of movement

and nationality

Article 27 - Work and

employmentemployment

Article 28 - Adequate standard

of living and social protection

Article 29 - Participation in

political and public life


Community-based

Rehabilitation ��

�Community-based inclusive developmentinclusive development

Community based Inclusive

Development - CBIDCBOD is a strategy of local community development,

based on respect of Human rights of all members, organizing habilitation and rehabilitation services to garantee equal opportunity and social inclusion of PwDPwD

CBPD is building by an inclusive development strategy, with direct participation of PwD, their families and all member of communities, removing barriers and obstacles and deleting discrimination in all society and creating adequate services and programmes particular in the area of health, education, employment and social services.

GOAL: HUMAN RIGHTS ~ SOCIO-ECONOMIC DEVELOPEMNT ~ POVERTY

REDUCTION COMMUNITY BASED

REHABILITATION (CBR)

HEALTH EDUCATION

EARLY

LIVELIHOOD EMPOWERMENT SOCIAL

PRINCIPLES: PARTICIPATION ~ INCLUSION ~ SUSTAINIBILITY ~ SELF ADV OCACY

PROMOTION

PREVENTION

PRIMARY & SECONDARY

CARE

TERTIARY CARE/REHABILITATION

EARLY CHILDHOOD

DEVELOPMENT

NON-FORMAL

FORMAL INCLUDING PRIMARY

SECONDARY AND HIGHER

SKILLSDEVELOPMENT

INCOME GENERATION

FINANCIAL SERVICES

EMPLOYMENT

SELF-HELP GROUPS

DISABLED PEOPLE'S

ORGANIZATIONS

SOCIALMOBILISATION

POLITICAL LOBBYING

LEGALPROTECTION

CULTURERELIGION &

ARTS

SPORTS RECREATION &

LEISURE

RELATIONSHIPMARRIAGE &

FAMILY

ASSISTIVEDEVICES LIFE-LONG

LEARNING

SOCIALPROTECTION LANGUAGE &

COMMUNICATIONPERSONAL

ASSISTANCE

EXPERIENCE IN ITALIAN

INTERNATIONAL COOPERATION (ART 32)

ITALIAN NETWORK ON DISABILITY

AND DEVELOPMENT

Include in CBID the persons with psyco-social disabilities (Liberia, Cina, Mongolia, Indonesia)

What makes a “good”

service?

• Individualised/person-centred funding

•Rights-based approach•Rights-based approach

•Person-centred approaches

–Planning

–Active support

–Goal of inclusion

Person-centred approaches

Person-centred planning

Person-centred actionInforms about individual

Informs about longer-term direction, the bigger picture

Person-centred action• Active support• Total communication• Positive behaviour

support

Informs about individual strengths, possible directions and aspirations, grounded in reality

FROM CARE AND TAKING CHARGE TO SUPPORT FULL PARTICIPATIONAND SOCIAL INCLUSIONAND SOCIAL INCLUSION

Empowerment Capability

� Reformulate the meaning of own condition

� Enforce the motivations to to self determination andparticipate to the decisions on own life and into society

Favorise the achievement of skills for personal and social life

� Strengthen knowledges and social roles based on own style of lifeon own life and into society

� Choose the appropriate support to achieve social role and capacities

�Habilitation

own style of life

� Develop mode to acquire and increase competences and abilities

UN Convention on the rights of PwDArticle 31 - Statistics and data collection

1. States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall:

(a) Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities; persons with disabilities;

(b) Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles of statistics.

2. The information collected in accordance with this article shall be disaggregated as appropriate and used to help assess the implementation of States Parties’ obligations under the present Convention, and to identify and address the barriers faced by persons with disabilities in exercising their rights.

3. States Parties shall assume the responsibility for the dissemination of these statistics and ensure their accessibility to people with disabilities and others.

Data and persons with

disabilities

From Statistics data based on medical model of disability to ��

Statistics data based on social model of disabilitydisability

From Statistics data focused on institutions to��

Statistics data centered on respect of human rights

Emancipatory research in

Mandhya district (India)

and in Palestineand in Palestine

Statistical indicators


Data and persons with

disabilities

No data No policies

Poor data Poor policies

Appropriate data New policies

Research in the field of

disability/HR approach


CeRC – Center for governmentality

and disability studies «Robert

Castel» - Naples

Co-directors from Accademy and competent DPOs

Give the scientific voice to the CRPD and promote Give the scientific voice to the CRPD and promote

research adressed to the respect oF human rights

and removing the «disabling society»

Open up to un international discussion

REVIEW «MINORITY REPORTS»

Reformulate the concept of justice for PwD

The model of disability based on respect of The model of disability based on respect of human rights for persons with disabilities as neuw paradigma of justice, ethic and praxis of society and individuals


No a Justice based onMetaphisicMetaphisic

CharityReimboursement

Protection


Yes to a new conceptOf Justice based onOf Justice based on

InclusionEmpowerment

respect of Human RightsPut in value the Human Diversity

From a welfare basedon social protection

to a development based on

social inclusion social inclusion and

participation

Mainstreaming policies

Use of the economical and human resources for all

Inclusive development

� Include the “social” as element of

development

� Building a development that respect Human � Building a development that respect Human

Rights of all

� Link the development to inclusion

(development without exclusion)

Globalization of the Rights

vs

Globalization of the market

Social Inclusion

=

Inclusive development

The development that include the

“social” is a sustainible

development

First richness are the human resources

annual spending on mental

health is less than US$ 2

per person and less than

US$ 0.25 per person in

low-income countries, with low-income countries, with

67% of these financial

resources allocated to

stand-alone mental

hospitals

UN Convention on the rights of PwD Article 33 – National implementation and monitoring

1. States Parties, in accordance with their system of organization, shall

designate one or more focal points within government for matters relating

to the implementation of the present Convention, and shall give due

consideration to the establishment or designation of a coordination

mechanism within government to facilitate related action in different

sectors and at different levels.

2. States Parties shall, in accordance with their legal and administrative 2. States Parties shall, in accordance with their legal and administrative

systems, maintain, strengthen, designate or establish within the State

Party, a framework, including one or more independent mechanisms, as

appropriate, to promote, protect and monitor implementation of the

present Convention. When designating or establishing such a mechanism,

States Parties shall take into account the principles relating to the status

and functioning of national institutions for protection and promotion of

human rights.

3. Civil society, in particular persons with disabilities and their representative

organizations, shall be involved and participate fully in the monitoring

process.

Monitoring respect of Human

rights of PwD

National and local Action plan on disability

Monitoring of psychiatric

institutions for the purpose of

preventing torture and ill-

treatment begins with correctly

identifying the applicable norms of

international law. In particular, international law. In particular,

new interpretations of earlier

treaty norms are required in light

of the CRPD

EXPERT SEMINAR ON FREEDOM

FROM TORTURE AND ILL

TREATMENT AND PERSONS WITH

DISABILITIES

OHRHC (December 2007)

Report 2008

Disability is

an envolving concept



Societies’ low regard for the abilities of persons with disabilities has resulted in discrimination and stigma attached to stigma attached to disability which pose great barriers in their participation in economic, cultural, political and social life

Pablo Pineda

Giusy Spagnolo, 2011

Filippo Adamo, 2013

Actions and programs to

promote positive immage

of persons with psicho-

social disabilities (ART social disabilities (ART

8)

The training of

professional must

include the Human include the Human

rights approach

Art 25 Health

Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care;

Insertion, Integration,

Inclusion…

Inclusion is a complex and systemic process to transform rules, aptitudes, behavior

Inclusion needs instruments of participation and support of training and inclusive rules

Social Inclusion

Inclusion is a right based on full participation of PwD in all fields of life on equal basis by the others, without discriminations, respecting dignity and valorising human diversity, dignity and valorising human diversity, promoting rehabilitation and habilitation, throught appropriate interventions, removing barriers and prejudices and support based on mainstreaming to live in local communities

Discussion in Italy

Maria Montessori (1870-1952)

Educate pupils with disabilities

Franco Basaglia (1924-1980)

Close psychiatric hospitals

Inclusion is effective onlywith direct participation of

excluded and discriminated Persons

Nothing about us

without usWe are really

experts

on our own lifeon our own life

Hamburg declaration

“enable people and communities to take control of their destiny and society”

Participation of PwD in the

field of MH and ID

MH - Weak organization (league of psychiatric survival)

ID – strong organization (Inclusion International, ID – strong organization (Inclusion International, specific disability condition)

Represent the rights and have knowledge and competences


UN Convention on the rights of PwDArticle 4 – General Obligations

3. In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.

Put in Value

human diversityhuman diversity

Old Greece

� Kalòs = man health and beautiful

� Kai = is also� Kai = is also

� Agathòs = good and appropiate

The participative and

inclusive societies

� Right to be different

� Difference to be right

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