Mental health, human rights and legislation: guidance and practice

Mental health is increasingly recognized as a public health priority and a human rights imperative, with a growing number of countries seeking to adopt or reform mental health legislation. However, current mental health laws often fail to address discrimination and human rights violations, including within mental health care settings. To support countries in this area, the World Health Organization and the Office of the High Commissioner for Human Rights have jointly developed this publication.

The guide proposes new objectives for the law, including establishing a clear mandate for mental health systems to adopt a rights-based approach. It outlines the legal provisions needed to promote deinstitutionalization and access to high-quality, person-centered community mental health services. It highlights how laws can address stigma and discrimination and provides concrete steps on how to eliminate coercion in mental health services in favor of practices that respect people's rights and dignity.

The Guide also provides key information on how to adopt a human rights-based approach when reviewing, adopting, implementing and evaluating laws related to mental health, and includes a practical checklist that allows countries to assess whether their laws align with current human rights standards.