Abstract

I argue that the right to mental health should be viewed as a universal human right and that the United Nations Convention on the Rights of Persons with Disabilities (CRPD), as an international standard, protects it because it places a positive duty on states to actively promote the mental well-being of its citizens for the purpose of preserving their dignity and allowing them to flourish. I begin by discussing the discrimination that persons with psychiatric disabilities experience, including the systemic barriers and lack of mental health resources which impact the quality of their lives. Because flourishing and dignity are interconnected, protecting the rights of persons with mental illnesses is important because the possession of good mental health provides a firm basis for securing other basic human rights. Consequently, I maintain that the main advantage of a human rights approach for securing the right to mental health is that human rights is the only source of law which is accepted without qualification. I then look at three objections against the CRPD and the idea of the universal right to mental health as a socio-economic entitlement. Finally, I demonstrate how the CRPD can overcome these criticisms and offer suggestions on how states can implement the CRPD into their domestic mental health legislation.