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DISABILITY RIGHTS / Analytical Documents

Mental Health and Human Rights - Problematic Issues and Potential for Changes

Mariam JANIASHVILI 

The introduction and application of a human rights-based paradigm[1] in the field of mental health have been a significant challenge for years. To date, this sphere has not even formally complied with international standards, leaving thousands of people connected with this system under the state of gross human rights violations and neglect.

The UN Convention on the Rights of Persons with Disabilities (Hereinafter – Convention) became legally binding for Georgia in 2014. The Convention turned out to be the revolutionary tool, which fundamentally changed the disability policy previously based on the medical model and called on states to start the application of social and human rights-based models in the shortest period of time. The above-mentioned pathos is fully applicable for every right enshrined by the Convention, which, among other important issues, explicitly emphasized the prohibition of the institutionalization of persons with disabilities, application of coercive measures, or limitation/deprivation of the legal capacity. Despite the above-mentioned standards, the situation in this area has not been improved significantly in Georgia.

The COVID-19 Pandemics has posed a number of new challenges to the mental health system. On the one hand, the burden of the Pandemics on the mental health of the general population has increased significantly, while, on the other hand, the users of mental health services have become increasingly vulnerable. [2] The mentioned systemic challenges required state intervention; however, this sphere has not become a priority for the Government even during this period. On the contrary, the seemingly non-dynamic policy of mental health even went into regression with regard to the provision of inpatient psychiatric services, when another mental health unit was closed in multi-profile clinic functioning in Tbilisi.

The following paper aims to summarize the key challenges in the field of mental health, which also have a significant impact on persons with psychosocial needs and their family members. The Social Justice Center has identified these barriers during the implementation of the Project – “Promoting and Enabling the Legal Capacity in Georgia” – from October 2018 to date.

The document focuses on important issues such as the failure of the legal capacity reform implementation, problems in the provision of mental health inpatient services, state inaction towards the development and implementation of mental health and deinstitutionalization strategies, as well as the problems caused by the COVID-19 Pandemics and the problems of the timely response of the state.

The document was prepared in the framework of the Project – “Promoting and Enabling Legal Capacity in Georgia”. The Project is funded by the Open Society Foundations (OSF) and is implemented by the following organizations – “Social Justice Center”, “Partnership for Human Rights” (PHR), Georgian Association of Social Workers” (GASW) and “Global Initiative on Psychiatry – Tbilisi” (GIP – Tbilisi). 

Mental_Health_and_Human_Rights_ENG_1639298076.pdf

Footnote and Bibliography

[1] See. Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, A/HRC/44/48, 2020, Paras. 58 – 67.

[2] See, Report of the Public Defender of Georgia on the Situation of Protection of Human Rights and Freedoms in Georgia, 2020, pp. 383 – 385.

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