International Human Rights in Mental Health Legislation
![handle is hein.journals/nylsintcom21 and id is 477 raw text is: International Human Rights in
Mental Health Legislation
Eric Rosenthal* & Clarence J. Sundram**
I. INTRODUCTION'
Over the last half century, governments around the world have increas-
ingly recognized the role of international human rights law as a source of
binding authority to which domestic laws must conform. This article de-
scribes some of the elements of international human rights law that govern-
ments should take into account when drafting domestic legislation affecting
people with mental disabilities.2 As international human rights law has ex-
* Executive Director, Mental Disability Rights International, 1156 15th Street, NW, Suite
1001, Washington, D.C. 20005. Website: www.MDRI.org. E-mail: erosenthal@mdri.org. The
authors would like to thank Dr. Michelle Funk and Natalie Drew of the Department of Mental
Health and Substance Dependence, World Health Organization (WHO) for their support of
this project. We would also like to thank the reviewers organized by WHO who provided
comments on the draft. In addition to support from the WHO, a Komfeld Foundation Fellow-
ship in Bioethics provided funding of my work on this project. I would like to acknowledge
Professor Arlene Kanter, Syracuse University Law School, Professor Donna Arzt, Syracuse
University Law School, Professor Michael Perlin, New York Law School, and Dr. Eva Szeli,
Director of European Programs, Mental Disability Rights International, for reviewing and com-
menting on the draft of this document. Debra Benko, former Communications Officer at
MDRI, and Jean Bliss, New York Law School, J.D. expected 2003, also contributed to the
research for this article. Alison Hillman, Director of MDRI's America's Advocacy Initiative,
and Lisa Newman, my wife, proofread and edited this article.
** Special Master, United States District Court, District of Columbia. Mr. Sundram is
President of the Board of Directors of Mental Disability Rights International. E-mail: cjsun-
dram@alumni.ksg.harvard.edu.
1. This Article was originally written as a background paper to assist the World Health
Organization in drafting a manual on mental health legislation. This Article reflects the views
of its authors only and does not represent the official position of WHO. The WHO may
incorporate parts of this article into its new manual on mental health legislation or it may
publish a variation of this Article as a monograph.
2. This Article uses the term mental disabilities in a broad way to include people with a
diagnosis of mental illness or other mental disorder or individuals perceived as such by medical
authorities or others. Since many people are subject to discrimination based upon the improper
perception that they have a current or past mental disorder, a well-crafted mental disability
rights law should protect people who have no disability or mental illness.
This document also refers to individuals with mental disabilities because some of the most
important rights under international law are enshrined in international instruments as disability
rights. For example, the U.N. Standard Rules on Equalization of Opportunities for Persons with
Disabilities [hereinafter StRE], refers to people with disabilities. Under the StRE [tlhe term
'disability' summarizes a great number of different functional limitations occurring in any popu-
lation .... People may be disabled by physical, intellectual or sensory impairment, medical
conditions or mental illness. Such impairments, conditions or illnesses may be permanent or
transitory in nature. U.N. G.A. Res. 48/96, U.N. GAOR, Annex, Introduction, para. 17 (1993).
The United Nations Committee on Economic, Social, and Cultural Rights, established to inter-
pret the International Covenant on Economic, Social, and Cultural Rights (ICESCR), adopted
this approach in General Comment No. 5, U.N. Doc. E/1993/22, 11 th Sess., para. 3 (1994)](ViewImageLocal?handle=hein.journals/nylsintcom21&div=27&collection=&method=preview&ext=.png&size=3)
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International Human Rights in Mental Health Legislation
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