| Abstrakt: |
One of the fundamental, inalienable rights of every person is the right to enjoy the highest attainable standard of physical and mental health. This fundamental law is enshrined in a number of international universal and regional human rights instruments. The most important of these international instruments are the Universal Declaration of Human Rights (Article 25), adopted by the United Nations (UN), the International Covenant on Economic, Social and Cultural Rights (UNCRC) (Article 12), the UN Convention on the rights of persons with disabilities (Article 25), the UN Convention on the Rights of the Child (Articles 23, 24), the UN Convention on the Elimination of All Forms of Discrimination against Women (Articles 11, 12, 14) , The Charter of Fundamental Rights of the European Union (Article 26), the European Social Charter (Article 11) and other legally binding act. The international community has also adopted a number of other instruments that are not legally binding but serve as basic standards in the field of human rights protection. Such as: Principles for the Protection of Mental Illness and the Improvement of Mental Health Care, Standard Rules for Equalization of Opportunities for people with disabilities, a large number of World Health Organization declarations and acts. The adoption and promotion of comprehensive international mental health legislation is a prerequisite for achieving effective protection for all persons, but especially for one of the most vulnerable groups in society, namely, people with mental disorders. Adequate legal framework at international as well as national level is a guarantee that these vulnerable persons will receive high quality health and social care, access to quality medical care, protection of their civic, political, economic, educational, social, cultural and other basic right. n many cases, the mental disorders and illnesses these members of our society suffer from can affect their decision-making abilities. This also applies to their ability to express informed consent for their treatment. The protection of the rights of these persons is mainly manifested by the legal norms enshrined in the various international and national instruments. That is why international standards for the protection of the right to mental health are of the utmost importance and guarantee a decent life for people with mental disorders, and ensure that society provides them with the necessary support, care and attention.It cannot be ignored that the international community and sovereign countries have for many years created a differentiation between mental and physical health, which has been clearly reflected in their policies, activities and programs. Today, this approach is increasingly losing support at the international level. In this regard, the UN Special Rapporteur on the right to health of the United Nations stated that it leads to "political, professional and geographical isolation, marginalization and stigmatization of mental health care". This positive trend is even delayed, since without the provision of the mental health of citizens it is unthinkable to speak of the highest attainable standard of health in general. The purpose of this report is to provide a brief overview of the main international instruments that proclaim the right to human mental health and the current trend of increasing protection for the law under review. [ABSTRACT FROM AUTHOR] |
