Currently Irish law does not set out a right to mental health care, nor does the law adequately protect the rights of the majority of people accessing mental health services. While those involuntarily admitted to inpatient services have some protections under the Mental Health Act 2001, most of the protections under that Act do not apply to people who use mental health service on a voluntary basis (be they inpatients or in the community).
We are particularly concerned that fundamental human rights principles such as the right to the least intrusive treatment, the right to be treated in the least restrictive environment (including, where appropriate, in the community) and the right to be protected from harm, are not safeguarded under Irish law.
In 2006 the Irish Government published a new national mental health policy entitled A Vision for Change, which proposed significant changes to and improvements in mental health services, including a true movement of services into the community and a recovery based model of mental health care. While A Vision for Change did not expressly adopt a human rights based approach, its first recommendation called for certain core principles and values to be reflected in all mental health service planning and delivery. These core principles and values included the principle that the human rights of service users be respected at all times, as well as the principles of accountability, equity, accessibility, inclusiveness and non-discrimination.
Regrettably, since the launch of A Vision for Change, little progress has been made towards its implementation. It has become clear that its adoption alone has not created the impetus for real progress towards the realisation of the right to the highest attainable standard of mental health in Ireland. The Health Service Executive (HSE), which has responsibility for delivering mental health services, has so far failed to deliver an implementation plan that covers all relevant recommendations of A Vision for Change. The Mental Health Commission has produced a Quality Framework for Mental Health Services in Ireland; however this does not have legislative force. Reports of the Inspector of Mental Health Services have revealed grave deficiencies in mental health services throughout the country.
The IMHC believes that the situation now calls for a broader approach and that the introduction of a legislative underpinning to this policy should be examined as an appropriate and viable catalyst for change. The purpose of the conference in May is to begin an exploration and dialogue on how human rights standards could be enshrined in law. In particular, we want to explore how a legislative human rights framework could facilitate greater equity, effectiveness and efficiency and accountability in how services are funded.