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 kenya@mindfreedom.org.

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 kenya@mindfreedom.org
Question:

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? *

http://spreadsheets.google.com/viewform?formkey=cnR3dTlrTGFGRjFXY3g2YWhvTUJESUE6MA..

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)
E-mail:kenya@mindfreedom.org
website: http://www.mindfreedomkenya.interconnection.org
Follow me on twitter@ www.twitter.com/Jeffmakana



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

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RESOURCE: MindFreedom Kenya Promotes Mental Health Rights

Posted on 18 December 2008. Filed under: Human Rights, Networking Opportunities, Opportunities, Psychiatric Disabilities, Sub-Saharan Africa Region | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |

MindFreedom Kenya is an affiliate of MindFreedom International, formed in response to identified gaps in mental health rights, lack of adequate information about substance abuse and impact to society and those directly affected. Since its inception, MindFreedom Kenya has endeavored to develop efforts to transform and diversify the marginalized and the most vulnerable-persons with psychosocial disabilities.

It helps users and survivors to be involved in care planning and making informed decisions about their care and upholding of human rights, advocating inhumane treatment and creating awareness about substance abuse and psychosocial disabilities.

For users and survivors of psychiatry, one of the most important things about the UN Convention on the Rights of Persons with Disabilities (CRPD) is that it says we have an equal right to legal capacity, which is the right to make our own decisions; and the right to free and informed consent in health care; and that we should not be deprived of liberty based on disability – which means that governments are violating this treaty if they lock us up in psychiatric institutions and do forced treatment. They also have positive obligations, to provide support and services needed to live in the community, and to provide access to support in exercising legal capacity if the person wants this support. Support in exercising legal capacity is the opposite of guardianship, because it means the person is in control of her/his own decisions and chooses the kind of help that she/he wants.

MindFreedom Kenya aim is to influence policy and planning, and to encourage improvements in the management and delivery of mental health services.

Ø Policy makers acknowledging the need and strongly pursuing mental health policies that positively impact their constituents and calling for revision of existing mental policies to match today’s complex and changing mental health care.
Ø Leaders in health profession, professional associations, mental health boards and health care companies to take a leading role in initiatives that increase access, quality and equity. On the same note, they must be able to establish a mental health advisory council independent from government that works collaboratively with policy makers. This mental health advisory council will create a mental health reform blueprints with support and input from both public and private health care sectors. The mental health advisory council along and/with sponsoring policy makers will ensure that such mental health policies are passed, implemented and delivered.
Ø Human Right organizations must recognize equity, access and quality of mental health care is a basic human right and they must take initiatives that will harness just distribution, fair and favorable policies and practically implementable mental health rights processes.
Ø Humanitarian Organizations involved in health care, WHO (World Health Org.) and UN (United Nations) to continue supporting mental health locally made policies and initiatives that are practical to the social realities of the people who need equal representation against abuses within the mental health system.

Regards,
Jeff Makana
kenya@mindfreedom.org
[Addendum, March 23, 2009: MindFreedom Kenya has a new website of its own at http://www.mindfreedomkenya.interconnection.org/

People also can learn about the organization at Jeff Makana’s blog at www.erucall.com.



Thank you to Jeff Makana for permission to post this information at We Can Do.

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RESOURCE: Implementing the Disability Rights Treaty, for Users, Survivors of Psychiatry

Posted on 19 March 2008. Filed under: Human Rights, Psychiatric Disabilities, Resources | Tags: , , , , , , , , , , , , , , , , , |

The World Network of Users and Survivors of Psychiatry (WNUSP) has released a manual that can guide users in implementing the Convention on the Rights of Persons with Disabilities (CRPD), with people who have used or survived psychiatry.

People with all types of disabilities may experience human rights violations at one time or another. People who have used or survived psychiatric services, however, may be particular targets for certain types of violations. For example, they may be more commonly denied the right to make their own choices about accepting or refusing medical care or entering the hospital. They may be required to take certain drugs or submit to other treatments even if they hold the strong opinion that the potentially harmful side effects outweigh the benefits.

WNUSP’s implementation manual highlights aspects of the interational disability rights treaty (CRPD) that are particularly relevant to users and survivors of psychiatry. These include the areas of legal capacity, liberty, right to live in the community, freedom from forced psychiatric interventions, and the right to participate in enforcing the CRPD.

The manual also explains relevant terminology. For example, the CRPD uses the term “people with mental impairments” to refer to people with mental health problems, or who have mental disabilities, or who have used or survived psychiatry. This term was chosen with WNUSP’s agreement during the process of negotiating the international disability rights treaty. However, WNUSP prefers the use of the phrase “psychosocial disability.”

WNUSP’s manual explains and summarizes each article of the CRPD, with particular attention to its relevance for people with psychosocial disabilities. The manual also makes recommendations for how to address common concerns that governments and others may express about certain aspects of the CRPD as they apply to people with psychosocial disabilities. It describes an array of alternate approaches to healing, treatment, or supporting people in making and expressing their own choices that have been used in various countries. The manual ends with an explanation of how user/survivor organizations can be involved with monitoring the implementation of the CRPD.

Learn more about WNUSP’s implementation manual for the CRPD, or download it in Word format (289 Kb), at:

http://www.wnusp.net/UnitedNations_MMtmp03630c55/UnitedNationsConventionfortheRightsofPersonswithDisabilities.htm



We Can Do first learned about WNUSP’s implementation manual for the CRPD via the Disabled People’s International email newsletter. Further detail was obtained from the manual itself.

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