The New York Convention

The International Convention on the Rights of Persons with Disabilities (New York Convention) was adopted by the United Nations in 2006. This human rights treaty lays the foundation for the inclusion and full citizenship of persons with disabilities, including persons with severe mental health problems, throughout their lives.

Throughout its 50 articles, the New York Convention outlines the following rights for people with mental health problems:

• Equality and non-discrimination (Art. 2, 3, 4, 5 and 9)

All people are equal before the law, therefore any discrimination based on disability is illegal. Equity must be promoted by adapting products and services to be accessible to everyone. This means ending the forms of discrimination experienced daily in all areas: employment, healthcare, education, leisure, etc.

• Equal recognition before the law and access to justice (Art. 12 and 13)

The right to own and inherit property, to know their financial assets, and to access loans, mortgages, and financial services. As well as the right to access justice on equal terms, without being excluded from any type of judicial proceeding and with the right to testify as witnesses.

• Freedom of expression and opinion and access to information (Art. 21)

The right to express opinions freely and communicate in any way they choose. Regarding mental health, this includes having the means to make complaints in healthcare settings and actively participate in improving procedures and services. Furthermore, they must be provided with clear and understandable information through informed consent about: their rights, the meaning of the diagnosis (including possible causes and recovery possibilities), existing treatment options (and their effects), community support resources, admission procedures, and available financial, housing, and social and employment support.

• Independent living, community inclusion, work and employment (Art. 19 and 27)

The right to live independently and participate in community life, including the ability to choose where to live and with whom. Regarding employment, countries must guarantee that individuals with disabilities do not suffer workplace discrimination due to their disability, that necessary accommodations are provided when required, and that they receive equal pay. Labor and trade union rights must be guaranteed. All of this implies providing support services that promote independence, foster a normalized life, and ensure full inclusion in the community.

• Freedom of choice (Art. 3, 12, 14, 23 and 25)

The right to make free decisions about their lives and their treatment. This includes: deciding on the treatment they receive, deciding on everyday aspects of their lives (where to live and with whom, having a partner, having children, working, etc.), not being subjected to arbitrary and total incapacitation, and promoting less invasive measures to support decision-making.

• Confidentiality and privacy (Art. 22)

Right to their private life, which includes the confidentiality of information revealed during therapy and in the medical record, as well as privacy in intensive care settings (respect for privacy in these spaces and the right to communication with the outside world).

• Protection against torture and other cruel treatment (Art. 14, 15 and 16)

The right to liberty and security means they cannot be deprived of their freedom without legal cause. Furthermore, they cannot be subjected to torture, inhuman treatment, or humiliation. They also cannot be exploited, abused, or subjected to violence (especially women and girls), and they must have access to protective services and support for their physical and psychological well-being. This implies, for example, that they cannot be subjected to arbitrary coercive practices such as forced medication, involuntary commitment, mechanical restraint, or solitary confinement.

Other rights also included in the New York Convention are the right to life (Art. 10), the right to education (Art. 24), the right to health (Art. 25), the right to habilitation and rehabilitation (Art. 26), the right to an adequate standard of living and social protection (Art. 28), the right to participate in politics and public life (Art. 29), and the right to participate in culture, leisure and sport (Art. 30).