To:
WHO
Dr. J.M. Bertolote
Mental Disorders Control
CH-1211 Geneve 27
April 24, 1997
Comment to: Quality Assurance in Mental Health Care,
"Draft. Human Rights of People with Mental Disorders",
WHO 1997
All fat-printed words and sentences should be added resp.
changed. This would optimize the quality assurance in the psychiatric/psychosocial
field.
National Legislation
1. There is national legislation concerning the respect of human
rights of people with mental disorders and their relatives. The
national organizations of (ex-)users/survivors of psychiatry should
be invited to hearings before laws are passed.
5. There is legal mechanism whereby any decision involving involuntary
treatment of hospitalization is automatic and periodically reviewed
by a competent body. No decision should be made without the consent
of the national organizations of (ex-)users/survivors of psychiatry.
7. Every person with a mental disorder or who is said to have
a mental disorder has the right to exercise all civil, political,
economic, social and cultural rights recognized in the Universal
Declaration of Human Rights and other UN documents.
Monitoring Bodies
8. There is an ombudsman/ombudswoman who should be an (ex-)user/survivor
of psychiatry at the national level.
9. There is a body including (ex-)user/survivors of psychiatry
specifically charged, at the national level, with monitoring the
respect of human rights of people with mental disorders or who
are said to have mental disorders. The task of this body should
include the registration of new treatment measures and decisions
of ethics' comissions in research fields.
11. The national psychiatric association (college/board) has
a section particularly dedicated to human rights. No decision
should be made without the consent of the national organizations
of (ex-)users/survivors of psychiatry.
12. The national association (college/board) of psychologists
has a section particularly dedicated to human rights. No decision
should be made without the consent of the national organizations
of (ex-)users/survivors of psychiatry.
13. The national association (college/board) of nurses has a
section particularly dedicated to human rights. No decision should
be made without the consent of the national organizations of (ex-)users/survivors
of psychiatry.
14. The national association (college/board) of social workers
has a section particularly dedicated to human rights. No decision
should be made without the consent of the national organizations
of (ex-)users/survivors of psychiatry.
15. The national association (college/board) of occupational
therapists has a section particularly dedicated to human rights.
No decision should be made without the consent of the national
organizations of (ex-)users/survivors of psychiatry.
15a. As a form of monitoring (ex-)users/survivors of psychiatry
have to be involved in the education (including the boards of
examiners) of psychiatrists, physicians, psychologists, nurses,
social workers, occupational therapists on a well-payed level.
Equity and Access to Treatment
18. At least 20% of all psychiatric beds are located in general
hospitals. For every psychiatric bed there should be one bed in
an anti- or nonpsychiatric run-away-house. Each second psychiatric
bed has to be placed in a Soteria-like institution.
21. Sterilization, abortion or any treatment that can be harmful
for the patients' (future) children are never carried out on people
with mental disorders or who are said to have mental disorders
against their will.
22. Psychosurgery and other intrusive and irreversible treatments
such as psychiatric drugs, electro- and insulinshock for mental
disorders are never carried out on an involuntary patient and
without informed consent. To make declarations-in-advance safe
they should be acknowledged explicitly. Treatment agreements should
be possible too. Psychiatrists who treat without informed consent
should lose their medical approbation.
23. Clinical trials and experimental treatments are never carried
out on an involuntary patient without informed. The institutions
and persons carrying out these measures are obliged to prove that
possible damages are not due to these measures.
24. Essential psychiatric drugs are easily and quickly available
to all those who want them.
26. There are written guidelines/norms on quality assurance
of mental health care. These guidelines/norms require the consent
of the national organizations of (ex-) users/survivors of psychiatry.
Specific Facilities
27. There are appropriate facilities for the treatment of criminal
offenders with mental disorders or who are said to have mental
disorders. Treatment should include nonpharmacological measures
such as psychotherapy.
28. There are appropriate facilities/services for the treatment
of children/adolescents with mental disorders or who are said
to have mental disorders. Treatment should include nonpharmacological
measures such as psychotherapy.
29. There are appropriate facilities for the treatment of the
elderly with mental disorders or who are said to have mental disorders.
Treatment should include nonpharmacological measures such as psychotherapy.
30. At any given facililty, the space (treat & recr) is sufficient
for the number of inmates/patients admitted. There should be phones-boxes
for inmates/patients in each psychiatric ward. There should be
easily visible coin-operated telephones at the entrance halls
of each psychiatric institution. In each psychiatric ward should
be an easily visible notice, that inmates/patients can get writing-paper,
envelopes and stamps if wanted. There are notice-boards in every
ward, on which local, regional and national organisations of (ex-)users
and survivors of psychiatry can put up uncensored information.
For each inmate/patient there should be the offer to have a daily
walk in the open air for at least one hour. On each ward should
be a kitchen where inmates/patients can prepare food and drinks
around the clock. The nonsmokers' right to have good air to breathe
is guaranteed. The smokers' right to smoke as long as they want
is guaranteed too.
32. Meals served to inmates/patients meet recommended minimum
nutritional requirements. The needs of people who want special
diets have to be met.
33. Staff speak frequently to inmates/patients and always in
a friendly, positive and courteous manner. On request staff should
remain silent and leave inmates/patients alone.
34. Written records are appropriately maintained for all inmates/patients,
who are entitled to access their own records at any time and without
justification. Copies of records should be available. Inmates/patients
should have the right to revise records or to add commentaries.
38. Help and support are made available by staff to family members
who want them.
For the European Network of (ex-)Users and Survivors of Psychiatry
Peter
Lehmann