Abolishing Forced Psychiatry
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Abolishing Forced Psychiatry means to end all involuntary hospitalization and treatment in the mental health system. Users and survivors of psychiatry, the worldwide disability movement and the United Nations worked from 2002-2006 to develop international law based on disability non-discrimination. The resulting Convention on the Rights of Persons with Disabilities prohibits forced psychiatry, which is a violent form of discrimination.
How does the CRPD require countries to abolish forced psychiatry?
- States must recognize that persons with disabilities have equal legal capacity as others, in all aspects of life – Article 12.2
- States must ensure that there is no deprivation of liberty based on disability – Article 14.1.b
- States must prevent torture or other ill-treatment of persons with disabilities – Article 15.2
- States must ensure free and informed consent in health care – Article 25.d
Other international law helps:
- Detention based on disability is discriminatory and therefore arbitrary under international law
- The international law definition of torture includes the infliction of severe mental or physical pain or suffering for discriminatory reasons
Tina Minkowitz (then co-chair of WNUSP) explains key articles in this video, recorded in June 2005.
CRPD and other international law
Text of Disability Convention and Optional Protocol (pdf) / Disability Convention(html) / Optional Protocol(html) and background information including negotiation archives – see CRPD Development and Early Advocacy here for survivor input
Even prior to CRPD, Special Rapporteur on Torture found neuroleptic drugs to be a form of physical torture (1986) – paragraph 119
Basic Principles and Guidelines on Remedy and Reparation (2005) – key UN document explaining obligation to make reparation for human rights violations
Organization of American States, Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities – CIADDIS (1999) – background information – NB, Article 1 purports to authorize guardianship but a General Observation by monitoring body upholds CRPD instead
Protocol to the African Charter on Human and People’s Rights on the Rights of Persons with Disabilities in Africa (2018) – echoing and building on CRPD, especially on legal capacity, liberty and freedom from torture
UN human rights system applying CRPD
UN Enable Newsletter (2008) – the first UN document, though informal, acknowledging CRPD supersedes the pro-force Principles on the Rights of Persons with Mental Illness and for the Improvement of Mental Health Care – see advocacy here and here
Special Rapporteur on Torture, Report on Torture and Persons with Disabilities (Nowak Report 2008) – first formal UN document to acknowledge CRPD prohibits forced psychiatry, and that it may constitute torture or other ill-treatment see advocacy here
OHCHR Information Note on Detention and Persons with Disabilities (2008)
OHCHR Study on Legal Measures to Ratify and Implement CRPD (2009) (see especially paragraphs 43-47 on legal capacity, and 48-49 on liberty) – see advocacy here
Early CRPD Committee Concluding Observations – Tunisia / Spain / Peru / Argentina / China + correction / China-Hong Kong / Hungary / Paraguay / El Salvador / Austria / Australia (2010 – 2013) for later ones see CRPD Sessions database and IDA compilations – early COs are valuable to show development of the standards, especially on Articles 12 and 14
UN OHCHR Guide to Monitoring CRPD (2010) (English pdf) (English word) (Spanish pdf)
Special Rapporteur on Torture Annual Report (2010) – see paragraph 202, case from Norway
Rashida Manjoo Special Rapporteur on Violence Against Women, August 2012 Report and Statement at side event – see advocacy here
Special Rapporteur on Torture, Report on Torture in Healthcare Settings (Mendez, 2013) – this report advanced the standard in some respects while the Rapporteur also backtracked and aligned with the psychiatric industry, original advocacy here and here, detail provided below:
- Report
- Statement to Human Rights Council – English / español
- WNUSP response to Mendez report and statement
- Side event presentation
- Compilation of responses to Mendez report – includes his deferential reply to psychiatric associations, and Tina Minkowitz article among many others
Special Rapporteur on Torture, Report on Standard Minimum Rules on the Treatment of Prisoners (2013) – see advocacy here and more on Advocacy and Scholarship page
CRPD Committee General Comment No. 1 on Article 12 (legal capacity) (2014) and Correction (2018) – clarifies that CRPD completely prohibits legal incapacitation and substitute decision-making, see advocacy here, here, here, here, here, here, here and here
OHCHR Study on Article 19 Living Independently and Being Included in the Community (2014)
UN Basic Principles and Guidelines on remedies and procedures against arbitrary detention (Working Group on Arbitrary Detention – 2015) – see advocacy here
CRPD Guidelines on Article 14 (2015)
OHCHR Background Note and Conclusions from Expert Meeting on Liberty and Security of the Person (2015)
Revised Standard Minimum Rules on the Treatment of Prisoners (2016) – NB, we achieved minor success but continues to authorize involuntary mental health transfers, see my analysis and background on process
CRPD General Comment No. 3 on women with disabilities (2016)
OHCHR Report on human rights and mental health (2017) – see advocacy here
CRPD General Comment No. 5 on Article 19, living independently and being included in community (2017) – requires immediate release of people deprived of liberty in mental health settings, see advocacy here
Special Rapporteur on Health, Report on the right to mental health (Dainius Pūras, 2017) – valuable for critique of forced psychiatry, but see Tina’s comment on weaknesses, and note Pūras’ Handover Dialogues (2020) stronger on abolition
CRPD General Comment No. 6 on Article 5, equality and non-discrimination (2018)
CRPD General Comment No. 7 on Articles 4.3 and 33.3 (2018) – participation in consultations, instrumental to abolitionist advocacy by survivors, see advocacy here and here
Special Rapporteur on Torture (2020) – report on psychological torture, see mainly para 37 recapitulating standard that forced psychiatric interventions for supposed ‘best interest’ ‘may well amount to torture’ – see Tina’s comment here
CRPD Guidelines on Deinstitutionalization (2022) – comprehensive approach to deinstitutionalization with reparations, crisis support must be de-medicalized and non-coercive – see especially paragraphs 10, 13, 15, 31, 32, 55, 58, 76 and section IX on reparations – see advocacy here, here, here, and here, material specifically on crisis support here and here, and Tina’s subsequent commentary
Regional instruments and materials
CEDDIS (monitoring committee of Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities) General Observation applying CRPD Article 12 to reject legal incapacitation – en Español – legal capacity consensus in Latin America to apply CRPD underpins regional advocacy to abolish forced psychiatry, as well as general legal capacity reforms – see Mexico’s health law reform (Spanish and English)
CEDDIS Practical Guide on the Establishment of Supports on the Exercise of Legal Capacity of Persons with Disabilities in Spanish, English, Portuguese
National law reforms
Mexico’s health law reform (2022) – Spanish and English – recognizes that all persons have legal capacity to make mental health decisions, requires free and informed consent by person concerned
Redesfera regional report on CRPD (in Spanish, 2023) says Mexico’s reform is sufficient to prohibit forced interventions
See Using the CRPD page for more details on reforms that have potential for abolition
Amicus briefs
EDF/ENUSP/IDA/WNUSP Amicus Brief to European Court of Human Rights, Mihailovs v. Latvia (2012)
ENUSP/WNUSP/IDA/MDAC third-party intervention to European Court of Human Rights in Koroviny case (2013)
Minkowitz third-party intervention to CRPD Committee on forced psychiatric interventions (2016)
Minkowitz/CHRUSP amicus brief to Colombia’s Constitutional Court on legal capacity (2020)
CHRUSP third-party intervention to European Court of Human Rights on draft Oviedo Protocol (2020)
Minkowitz/Fleischner amicus brief to International Criminal Court (2021) – opposing insanity defense and arguing for CRPD-compliant alternative
Minkowitz/Fleischner amicus brief to Mexico City Criminal Court (2023) Spanish and English – arguing for abolition of insanity defense and the forced psychiatric interventions imposed as security measures
Minkowitz/CHRUSP amicus brief to Mexico’s Supreme Court (2023) English and Spanish auto-translate – in deinstitutionalization case, arguing for systematic ending of involuntary mental health measures and guarantees of non-repetition
Briefing papers and slides
Forced interventions meet criteria for torture (2004) – advocacy document during CRPD negotiations, applies criteria from Article 1 of Convention Against Torture
Edah Maina, Psychosocial Disability in Kenya (2005)
Forced interventions and institutionalization as torture/other cruel, inhuman or degrading treatment or punishment (2007) – presentation to Special Rapporteur on Torture expert meeting, variety of approaches to understanding forced psychiatry as torture/other ill treatment
CHRUSP et al recommendations for OPCAT monitoring of psychiatric institutions (2010) – monitoring of psychiatric institutions has to address unlawfulness of regime of discriminatory detention and forced interventions
WNUSP discussion paper on mental health and prisons (2010)
WNUSP forced psychiatric interventions as harmful cultural practice (2011) – submission to CEDAW and CRC Committees
Minkowitz, Forced psychiatric interventions: right to remedy and reparation – in Open Minds (2012)
WNUSP/IDA submission to SPT on ‘mental health and places of deprivation of liberty’ (2012)
ENUSP/IDA/MDAC/WNUSP submission on torture in health care context (2012) – urging an absolute ban as the normative standard
Minkowitz, Convention on the Rights of Persons with Disabilities – How We Got It, How We Got There, Where We’re Going From Here (slide show) (2012)
WNUSP submission to Working Group on Arbitrary Detention for stakeholders consultation (2014) – arguing to uphold the CRPD standards, and for means to seek immediate release from psychiatric detention
Absolute Prohibition Campaign website (2016) – promoting the CRPD standard of absolute prohibition of forced psychiatry
CHRUSP Submission to OHCHR on implementing human rights in relation to mental health (2016)
Workshop in Seoul on model bill on inclusion (2016)
CHRUSP submission to Day of General Discussion on Article 19 pdf and word (2016)
CHRUSP submission on access to justice for disability-related arbitrary detention and torture (2017) – arguing that access to justice is not only procedural, has to be capable of ending the violations
CHRUSP Indicators:
- CHRUSP recommended indicators on Articles 14 and 15 (2016)
- CHRUSP/Absolute Prohibition Indicators on Articles 12, 24, 15, 19 and 25 (2019)
- CHRUSP revised Indicators on Articles 12, 14, 15, 19 and 25 (2019)
Minkowitz, Support in Crisis to Replace Forced Psychiatry (slides) (2019)
Minkowitz, Fusion Laws and CRPD: Compatible or Not? (2020)
CHRUSP Briefing paper on involuntary commitment Prohibition of Involuntary Hospitalization and Involuntary Treatment: Countering Misapprehensions (2020)
CHRUSP Deinstitutionalization Briefing Paper (2020) – our first advocacy for the Guidelines on Deinstitutionalization
CHRUSP submission to CRPD for General Comment on Art 27, right to work and employment and freedom from forced labor (2021) – links to reparations and impact of psychiatric institutionalization on employment
CHRUSP statement to Caribbean and North American Regional Consultation on Deinstitutionalization (2021)
TCI response to OHCHR report on support systems for people with disabilities – ‘Misreading Support as Care’ and read the OHCHR Report A/HRC/52/52 (2023)
CHRUSP submission to OHCHR consultation on human rights and mental health (2024) English and Spanish
CHRUSP submission to Special Rapporteur on Torture, on victim’s experiences and perspectives (2025)
CHRUSP Recommendations to Avoid Replicating Coercion in Crisis Support (2026)
See Access to Justice for more on criminal law aspects and reparations
Longer papers
Minkowitz, UN CRPD and the right to be free from nonconsensual psychiatric interventions (2007) – widely cited paper making basic argument on abolition from CRPD Articles 12, 14 and 25 and further arguing that criteria are met for recognizing forced psychiatric interventions are torture
Minkowitz, Abolishing Mental Health Laws to Comply with CRPD (2010) – in collection ‘Rethinking Mental Health Laws’ ed. McSherry
Minkowitz/CHRUSP, Why Mental Health Laws Contravene the CRPD (2011) – widely endorsed position paper clarifying that any approach to authorizing forced psychiatry is contrary to CRPD
Minkowitz, CRPD Advocacy by the World Network of Users and Survivors of Psychiatry: The Emergence of a User/Survivor Perspective in Human Rights (2012) – a brief history of the advocacy in the drafting and negotiations of the Convention
Minkowitz, Response to report by UN Special Rapporteur on Torture regarding nonconsensual psychiatric interventions (2013) – arguing to combine valuable portions of 2013 SRT report with underlying CRPD standard of abolition
Bhargavi Davar, Globalizing psychiatry and the case of ‘vanishing’ alternatives in a neo-colonial state (2014)
Minkowitz, Rethinking Criminal Responsibility from a critical disability perspective: The abolition of insanity/incapacity acquittals and unfitness to plead, and beyond (2015) – proposing CRPD-compliant approach to abolishing insanity defense and taking account of disability for substantive justice through mainstream means
Minkowitz, Reparations for Psychiatric Violence (2021)
Minkowitz, Reimagining Crisis Support: Matrix, Roadmap and Policy (2021) / Reimaginar el Apoyo en Crisis: Matriz, Hoja de Ruta, y Política (2023)
Beatriz Pérez Pérez, Una genealogía de la matriz de poder moderna. Lo humano, el derecho y la locura (2023) – includes discussion of CRPD and its development – en español
Minkowitz, Deinstitutionalization as Reparative Justice: A Commentary on the Guidelines on Deinstitutionalization (2024)
Minkowitz, UN CRPD and the right to be free from nonconsensual psychiatric interventions: An Update on Its Interpretation by UN Mechanisms (2024) – companion piece to Tina’s 2007 paper showing how the standard has been recognized and developed by the CRPD Committee, Torture Rapporteur and other UN mechanisms
Personal testimonies
Psychiatric torture testimonies from original CHRUSP website (2013) – CHRUSP invited survivors to contribute material for the Day in Solidarity with Survivors of Torture, June 26
Jolijn Santegoeds information from CRPD Art 15 side event (2015) – and her personal testimony in link
Experience of forced drugging and electroshock, NN at CRPD side event (2015)
National advocacy and shadow reporting
OHCHR Analysis of Ugandan Law in Light of CRPD (2008)
CHRUSP Analysis of Ghana Mental Health Bill (n.d.)
CHRUSP Comments on Philippines Draft Mental Health Act (n.d.)
WNUSP Analysis of India Mental Health Bill (n.d.)
Mad Pride Ireland submission on capacity legislation (2011)
WSO et al shadow report to Human Rights Committee on Norway (2011)
Information on Mental Health Registry and Control in China (2012)
CHRUSP et al shadow report to Human Rights Committee on forced drugging in the US (2013) – useful for summary of neuroleptic drug effects
KAMI additional information for the Parallel Report submitted to the Committee (2022)
ActivaMent/Hierbabuena shadow report to CRPD Committee (2019) Español / English
ActivaMent/Hierbabuena submission on law reform – Español (2025) – valuable example for comprehensive abolitionist advocacy including for de-medicalized support
Regional report
Informe Regional 2023 Redesfera – Español – situación de derechos en legislación y políticas publicas, y construyendo alternativas
More information
See also Segment 3: Torture of the CRPD Course from a Survivor of Psychiatry Perspective, for additional materials
See Access to Justice page for more on reparations and on criminal justice context

