What can I do if I believe my rights have been violated?
When a person knows their rights, it is easier for them to identify when they have been violated; but it is not always easy to report or denounce this fact so that it is recorded and the corresponding measures can be taken.
A first step is to communicate the violation of rights to those around you. (family, partner, friends...) or a trusted professional , always in a clear and reasoned manner. They will be able to provide support, guidance and, if necessary, report the violation themselves. There are also many specialized associations and organizations that can collect the report of the fact, advise on what steps to follow and even take collective action.
Some aspects that must be assessed when you want to make a claim or report a violation of rights are:
- Who committed the violation? There is not always a person directly involved, but the cause can also be an inadequate protocol or program, unrevised practices, guidelines not aligned with people's rights, etc.
- Is this an intentional violation? Many times they occur without an intention to harm, and it is necessary to make the other person aware, always in a respectful way, of how they have violated our rights and how they have made us feel, so that they can make changes and improvements.
- What is the scope of the complaint you want to make? The complaint can range from speaking with the professional or team that committed the violation, to making a formal complaint to the service or even filing an administrative or judicial complaint.
With this, and always keeping in mind that each situation is unique and different, we can request in different ways that our rights are respected.
Violations of rights in mental health
If possible, it is always advisable to try to dialogue with the person, service or entity that we believe has violated our rights, explain how this violation affects us and even propose a solution. If dialogue is not possible or has not had good results, we can request it in writing (the person submitting the letter must keep a copy with the center or service's registration stamp).
It is advisable to try to dialogue with the person, service or entity that we believe has violated our rights, explain to them how this violation affects us and propose a solution.
As an alternative to the written request, or if this has not had a satisfactory response, there is the option of making a formal complaint or claim. Services (health, social, educational, shops, etc.) are required to have complaint forms available to users. The content will be similar to that of the request, but if a previous request had already been submitted, it can be included in this complaint and the response we received can be indicated. Generally, the complaint must include :
- The identification data of the person presenting it.
- The data of the service where it is presented.
- The description of the situation about which the complaint is made, in a clear, objective and simple manner
- What is being asked: what does the person need and why.
- Regulations that support the claim: the International Convention on the Rights of Persons with Disabilities and, in the case of Spain, Royal Legislative Decree 1/2013, of November 29, which approves the Consolidated Text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, must always be mentioned as a generic norm.
- The documentation that you wish to attach and that proves the violation or justifies the claim.
If the response to the complaint is also not satisfactory, administrative action can be initiated or, ultimately, a legal complaint can be filed.
Administrative complaints
Administrative complaints are extrajudicial, no judge is involved, and can be filed with general or specific entities, generally through an online form, by email or in person.
In Spain, some of these entities or bodies where administrative complaints can be filed are:
General administrative resources (Spain)
- Ombudsman : is the High Commissioner of the General Parliament and, through the supervision of the activity of public administrations, is responsible for defending the rights and freedoms of citizens. Individual or collective complaints can be filed when it is considered that the actions of a central, regional or local administration, or of a company or public service have violated the rights of the person. Free service.
- Disability Care Office (OADIS) : belongs to the National Disability Council and is responsible for promoting equal opportunities for people with disabilities, non-discrimination and universal accessibility. You can submit inquiries, complaints or reports of situations in which the person has been discriminated against due to their disability (including mental health problems).
- Infractions and sanctions in matters of equal opportunities, non-discrimination and universal accessibility for people with disabilities, from the Ministry of Social Rights, Consumption and Agenda 2030 : is an administrative system that allows for the sanctioning of infractions in matters of discrimination or exclusion of people with disabilities. It includes discrimination in areas such as telecommunications, urbanized public spaces and buildings, transport, public goods and services, relations with the Public Administration, Justice and Cultural Heritage.
- Other administrative resources available in Catalonia:
- Catalan Ombudsman : is a politically independent body that handles complaints when Catalan public administrations or private companies that provide services of public interest (water, electricity, gas, telephony, etc.) commit an irregularity or violation of rights. Free service
- Crime Victim Support Offices (OAVD) : free service of care, support and guidance for people who have been victims or harmed by a crime; therefore, it is only indicated in the case of violations of rights that constitute a crime.
Specific administrative resources
- Spanish Data Protection Agency (AEPD) : is the independent public authority responsible for protecting privacy and data protection rights (such as the rights of access, rectification, limitation, opposition and deletion). Before making a claim about rights to the AEPD, it is necessary to have made the corresponding claim to the entity that has committed the violation and that they have not responded within the established time (usually one month) or that the response has not been satisfactory. In Catalonia there is also the Catalan Data Protection Authority (APDCAT) .
- There are also entities for complaints of discrimination and violations in other specific areas such as:
- Labor and Social Security Inspection .
- Educational inspection and, in the case of Catalonia, Education Inspectorate .
- Complaints service of the General Directorate of Insurance and Pension Funds : handles queries, complaints and claims regarding financial services (insurance, pension funds, banking operators, pension plans, etc.).
The judicial complaints
Sometimes, depending on the seriousness of the violation of rights or because previous actions have not had a satisfactory response, it may be necessary to file a judicial complaint, in which a judge intervenes, and it is then necessary to have a lawyer to do so (professional bar associations usually have a search engine, and you can also request information from legal guidance services available in many municipalities). Before starting a process of this type, it is important to have as much evidence as possible. of the fact that you want to report.
These complaints can be filed with the court closest to the person making the complaint. In cases of much more extensive violations, we can file a complaint with international organizations such as the Office of the United Nations High Commissioner for Human Rights or the European Court of Human Rights .
It is important to keep in mind that in some cases, for example in complaints of vexatious treatment, there is little case law and the chances of success are low, but it may open the door to other people who also want to report similar facts. On the other hand, there is much more case law in cases of breach of protocols.
Some people decide not to file legal complaints because of the cost it can entail and because it can be too painful to relive the situation of violation.
These legal processes are long and costly , both financially and personally and emotionally, and we must be sure that we want to initiate such an action, be aware of the chances of success it may have and the cost it may entail. Some people decide not to file legal complaints for many reasons, including because it can be too painful to relive the situation of violation. Therefore, it is advisable that if we want to file a legal complaint we do so accompanied by lawyers specialized in human rights and sensitized to the defense of rights in the field of mental health.
There are entities and organizations specialized in mental health that work to ensure that the rights of people with mental health problems are respected and that collect all these notifications of violations so that they are recorded and also reported collectively. These entities can also guide and advise on how to act or what steps to take in claims and complaints and, in some cases, they can also offer legal advice from specialized lawyers. In Spain we find:
- Spanish Committee of Representatives of People with Disabilities (CERMI) .
- State Observatory of Mental Health, Rights and Equality (Confederación Salud Mental España).
- Rights Observatory of the VEUS Federation - Catalan Federation of First-Party Mental Health Entities.
- Catalan Mental Health Federation - SMC .
Respecting and guaranteeing the rights of people with mental health problems is a collective issue that concerns everyone. That is why it is important that we get involved in identifying, reporting, claiming and denouncing rights violations.
