Challenges Implementing Disability Rights Treaty?

Posted on 17 May 2009. Filed under: Announcements, Call for Comments or Information, Human Rights, Networking Opportunities, Opinion, Psychiatric Disabilities, Sub-Saharan Africa Region | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |

Abdul-Jeff Maalik Makana, the Executive Director of MindFreedom Kenya, wants to learn more about the challenges that other countries experience in implementing the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD). Below is his appeal for information. Please respond directly to him at

Dear All,

Greetings from non sunny Nairobi day today!

We have a challenge here in Kenya advocating for the implementation of the UN CRPD. Are other states experiencing similar challenges? What are the challenges?

I recently on a media appearence to create awareness about the work of MindFreedom Kenya & advocating for the implementation of the UN CRPD… one caller to the show reinforced the general view that persons with psychosocial disabilities have no capacity at any time to make decision (Legal capacity) though the UN CRPD guarantees legal capacity(article 12) or even supported decision making.

To quote Daniel Hazen—Human Rights and Advocacy “cease the practice of exceptionalism when it comes to human rights” meaning we cannot downplay the CRPD which is a very important rallying point for our movement.

Mental Health (MH) policies cannot be written in a vacuum…. State parties and other stakeholders should get direction that adopting certain articles of the CRPD versus the CRPD in its entirety has far reaching consequences more so article 12 (right to legal capacity) a big part of the user/survivor movement advocacy.

Lastly, why was the term psychosocial disabled adopted in the UN CRPD versus the term mentally disabled or mentally ill? Here in Africa many don’t see mental illness as a disability? Can you please help me understand how to advocate better for psychosocial disabled term to be adopted and accepted locally.

What are your views:

I am doing a Survey on supporting signing/ratification and implementation of the UN Convention on the Rights of Persons with Disabilities by state parties without reservations.

This obligation would require that the States both refrain from actions that undermine the principles and initiate efforts which would promote them. You can also e-mail your comments directly to

As a user, a survivor. mental health worker, or human rights activist in mental health do you support the position that the CRPD is non negotiable, and that the nature of this commitment obligates state parties to completely review MH policies and legislation which relied on flawed WHO MI Principles? *

A few sampling of responses collected regarding the above question:

This obligation would require that the States both refrain from actions that undermine the principles and initiate efforts which would promote them.(MH Policy, legislation’s, new MH laws, civic education, more access to mental services at the community level, empowering of persons with psychosocial disabilities to participate equally in society without being discriminated based on disabilities).

Absolutely I support it!! Recently there have been reports that they are opening “behavioral” units in nursing homes in New York State–a way to lock us up again quietly so there won’t be too many complaints. Fortunately we noticed and… Read More now there’s a lawsuit. Good thing so many of us “suffer” from hypervigelance!! Anyway, so good to see that we’re coming together internationally. We can and will find our power no matter how hard the system tried to hold us down.

I am not sure that I can ask for the UN treaty to become nationalized, but I do agree with many of the tenets. I think that I can see where some conflicts of interest might be involved. So better person by person, not this group or that. That is what I think….

With kind regards,

Abdul-Jeff Maalik Makana

Abdul Maalik bin Ali formerly,
Jeff Makana

Executive Director,
MindFreedom Kenya(MF-K)
Follow me on twitter@

Thank you to Abdul Maalik bin Ali for submitting this announcement for publication at We Can Do.

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