People with mental health problems have the right to…

People with mental health problems often see some of their fundamental rights threatened or violated. Some of these rights are:

Right to equality and non-discrimination

All people have the right to receive equal treatment and not to be discriminated against .

Discrimination and rights violations generate suffering in the person that can be the cause of mental health problems (social determinants), while the fact of having a mental health problem is a source of discrimination.

This discrimination can occur in all areas of daily life: work, education, healthcare and leisure, among others.

Discrimination, stigma and self-stigma are very important obstacles to a person's recovery.

In addition, there are people who are doubly discriminated against: for having a mental health problem and for aspects such as their gender (especially women), skin color, having been in a penitentiary, their socioeconomic level, etc.

Right to be recognized equal before the Law and to access Justice

All people have the right to access justice services and to be treated equally before the Law.

This right implies, among other aspects, being able to own or inherit property, knowing what their financial assets are and managing them, requesting loans, mortgages and other financial services, and being able to testify as witnesses in judicial proceedings.

Right to information

All people have the right to receive sufficient, complete and understandable information .

In the field of mental health, they have the right to receive information about:

• The diagnosis: what it means, possible causes, prognosis and chances of recovery.
• Alternatives to existing treatments (and their effects) and community support resources.
• Your rights.
• The procedures used in admissions, especially involuntary admissions.
• The risks that clinical trials (and other studies) may entail.
• The available aid: financial, housing, socio-labor, etc.

People also have the right to inform, advise and accompany their families and their close environment, so that they can provide day-to-day support to the person with a mental health problem, especially when they are in a crisis situation, and improve coexistence.

Right to freedom of expression and opinion

All people have the right to express themselves freely and to communicate in the way they choose.

Expressing their opinions, needs and preferences is essential for the person's empowerment and recovery, so that they can take control of their life, while promoting respect for other rights and making situations of discrimination evident.

All of this also implies that people with mental health problems can have the means to make complaints about healthcare services and to actively participate in improving these services and procedures.

Right to decide freely

All people have the right to make decisions freely in all areas of their lives .

It involves deciding on aspects of their daily lives (where and with whom to live, whether or not to have a partner, children, etc.). But deciding how they want to live is sometimes limited by the lack of resources and alternatives to support independent living , and also because the family and the professional teams that care for them, although well-intentioned, sometimes make some decisions on behalf of the person.

People with mental health problems also have the right to decide about the treatment they receive . For this to be possible, not only is advice from professional teams necessary, but there must also be alternatives to pharmacological treatment and hospitalization.

Their ability to make decisions can sometimes be affected by the mental health problem, but not permanently or absolutely, but exceptionally. Even in times when they experience serious crises, their right to decide must be protected and guaranteed. For this reason, everything possible must be done so that the person retains their legal capacity , has the support for decision-making that they may need at any time (for example, a personal assistant) and makes use of guarantees such as Advance Decision Planning (ADP).

Right to live an independent life, to be included in society and to work

All people have the right to have an autonomous, independent and normalized life , to complete inclusion in the community and to have services to support their autonomy that allow this to happen.

The pillars of independent living, in our social system, are education, work and housing. Not having resources to promote autonomy leads the person to depend on the family and the mental health services network in a chronic way.

Some of these supports may be:

• Financial aid.
• Residential and adapted housing programs.
• Home care services.
• Social and labor insertion services (in the ordinary labor market) or sheltered employment.

Inclusive volunteering, that is, that does not discriminate on the basis of mental health, can be a good opportunity to develop a non-work activity of high value for society, and a way to be part of it.

Right to confidentiality and privacy

All people have the right to have their privacy and intimacy respected.

Respecting your confidentiality, privacy and intimacy is especially important in healthcare contexts: confidentiality of information revealed during therapy and clinical history and intimacy in intensive care services (privacy of spaces and possibility of communicating with the outside world).

Right to protection against torture and other cruel treatment

All people have the right to liberty and security , and also to not receive cruel treatment, to not be tortured, mistreated or humiliated.

They cannot be exploited, suffer abuse or violence (especially women and girls) and must be able to have services that protect them and help for their improvement (physical and psychological).

They may not be deprived of their liberty without legal cause, nor be subjected to arbitrary coercive care practices. Some of these practices that may be contrary to the rights of the person are involuntary admission, mechanical restraints, unjustified confinement or isolation, forced medication and overmedication.

Eliminating coercion and ensuring that care for the person is articulated around their rights improves the well-being of everyone, both the person being cared for and their environment, and requires a transformation of resources and services.

All people, including those with mental health problems, have the right to:

• Right to the highest attainable standard of health (physical and mental).
• Right to an adequate standard of living and social protection.
• Right to education.
• Right to political participation and in public life.
• Right to participation in culture, leisure and sport.