U.S. CRPD and Human Rights Reporting

U.S. CRPD and Human Rights Reporting International Solidarity

U.S. CRPD and Human Rights Reporting

CRPD Ratification without RUDs

CHRUSP opposes the package of reservations, understandings and declarations (RUDs) currently attached to the proposal for ratification of the CRPD by the U.S. Senate, and holds that some of these RUDs violate international law.

RMHL Petition to ratify CRPD without RUDS

2013 CHRUSP and other human rights defenders Letter to Senate

CHRUSP statement to NCD on CRPD Ratification and Implementation without RUDs 2013

CHRUSP and other Human Rights Defenders Oppose Declaration that U.S. law fulfills or exceeds treaty 2012 Letter

Updated Signatures 2012 Letter

2nd Updated Signatures on 2012 Letter

Petition opposing "exceptionalism" declaration 2012

Tina Minkowitz blog post 2012

Fact Sheet produced by psychiatric survivors on CRPD rights not protected by the U.S.

International solidarity from people with disabilities and allies:

Australia

Netherlands

European Network of Users and Survivors of Psychiatry

Human Rights Reporting

1. CERD

Report to the Committee on Elimination of Racial Discrimination on forced psychiatry and psychiatric abuse against African Americans as intersectional discrimination based on race and disability pdf word

See also reports of Stephanie Franklin, Esq. to CERD and Committee against Torture (CAT) on drugging of African American girls in foster care

2. ICCPR - International Covenant on Civil and Political Rights

Collaborative shadow report (full report word) and executive summary (exec summary word) focusing on nonconsensual psychiatric medication in the U.S. has been sent to the Human Rights Committee (the name of the monitoring body for the ICCPR). Many thanks to all the individuals who wrote, edited, and contributed to the report. We will return to Geneva for the review of the U.S. in October (2013).

Submitted by: CHRUSP, Victorious Black Women, PsychRights, MindFreedom International, Campaign to Repeal Mental Health Laws, Intentional Peer Support, World Network of Users and Survivors of Psychiatry, International Disability Alliance

***

earlier:

Human Rights Committee has asked the United States to defend its practice of forced psychiatry, see question 15: List of Issues

Presentation to Human Rights Committee March 18, 2013

Questions suggested by CHRUSP

CHRUSP initial submission

CHRUSP along with six other organizations - Law Project for Psychaitric Rights (PsychRights), Voices of the Heart, Campaign to Repeal Mental Health Laws, MindFreedom International, World Network of Users and Survivors of Psychiatry and the International Disability Alliance - submitted information to the Human Rights Committee for their List of Issues to be developed on the United States (questions that they would like the U.S. government to address further).

This is a part of the periodic reporting process under the International Covenant on Civil and Political Rights (ICCPR), a human rights treaty ratified by the United States.

We are working on a more detailed report to be submitted in August with suggested recommendations for the Committee to address to the U.S. government.

Follow @CHRUSP on Twitter for updates!

Opposition to OHCHR-WHO Legislation Guidance

CHRUSP issued a joint statement with Validity Foundation and the World Network of Users and Survivors of Psychiatry, opposing 'Guidance on Mental Health, Human Rights and Legislation' that is being launched October 9, 2023,

Joint_Statement_Opposing_OHCHR_WHO_Guidance_Project_Final.docx

Reimagining Crisis Support - a new book

Reimagining Crisis Support: Matrix, Roadmap and Policy by Tina Minkowitz aims to shift the conversation about personal crisis from one based in mental health discourse to one based in a social model of disability and human rights. Download a pdf here; read more and order at-cost paperback or download epub from the book's website.

Amicus to International Criminal Court on insanity defense

The International Criminal Court requested amicus curiae observations in the appeal by Dominic Ongwen of his conviction, who had raised a defense unsuccessfully of criminal non-responsibility due to 'mental disease or defect'. Tina Minkowitz and Robert Fleischner submitted a brief urging the Court to consider the CRPD and adopt a CRPD-compliant alternative.

Using UN Human Rights Mechanisms

A guide to using UN human rights mechanisms for individual complaints and systemic reporting, focusing on issues of concern to users and survivors of psychiatry. pdf word

Peru's Legal Capacity Reform

Peru has enacted the first legal capacity reform that complies with CRPD in its overall approach, despite flaws as indicated in the commentary by Sodis (civil society organization that worked on the reform).

Legislative_Decree_No_1384__Peruvian_legal_capacity_reform_.docx

Analysis of Peru's legal capacity reform

Absolute Prohibition Campaign - a CHRUSP project

In early 2016, over 40 participants in Europe, North America, Latin America, Australia and Asia responded to our call to support the CRPD standard of absolute prohibition of involuntary commitment and treatment, by writing blog posts from their perspectives as survivors, allies, relatives, researchers, activists, and lawyers. Blog posts are compiled at http://absoluteprohibition.org.

Since December of that year, we have connected together through email and teleconferences. Please correspond with CHRUSP if you are interested in getting involved.

CRPD course - a CHRUSP project

CRPD from a survivor of psychiatry perspective, taught by Tina Minkowitz. Currently available for self-directed study, see http://crpdcourse.org.

Key Resource - General Comment No. 1 on Legal Capacity

In 2014, the Committee on the Rights of Persons with Disabilities issued its first General Comment, addressing states' obligations to ensure universal equal legal capacity. This means that no one can legitimately be deprived of the right to make decisions in their personal lives or to be recognized as actors capable of exercising rights and duties directly in the legal system.

General Comment No. 1 explains that mental capacity cannot justify a removal of legal capacity, including in crisis situations. It acknowledges that forced psychiatric interventions violate Article 12 and cannot be justified. Read here

Key Resource - Guidelines on Article 14

In 2015, the Committee on the Rights of Persons with Disabilities issued its second key jurisprudential document relevant to the work of CHRUSP - the Guidelines on Article 14, liberty and security of the person.

The Guidelines explain that Article 14 contains an absolute ban on detention based on an actual or perceived impairment, that involuntary hospitalization in mental health services violates Article 12 (legal capacity) in addition to Article 14, and that forced treatment violates Article 15 (freedom from torture and other ill-treatment).

The Guidelines also explain that declarations of incapacity to plead or to be held criminally responsible, and the detention resulting from such declarations contravene Article 14, and that people with disabilities have rights to non-discrimination, accommodations, and inclusive access to programs in the context of legal proceedings and detention.

Donate

CHRUSP is a 501(c)3 tax-exempt nonprofit organization, and would appreciate your support. You may also send checks directly to CHRUSP, 44 Palmer Pond Rd., Chestertown, NY 12817.

Tweet CHRUSP

Center for the Human Rights of Users and Survivors of Psychiatry

U.S. CRPD and Human Rights Reporting

powered by Doodlekit™ Website Builder