Draft Body of Guidelines, Principles and Guarantees of the Rights of Persons Detained on Grounds of Mental Ill-Health or Suffering from Mental Disorder.
| Publisher | UN Commission on Human Rights |
| Author | UN Commission on Human Rights (44th sess. : 1988 : Geneva) |
| Publication Date | 9 March 1988 |
| Citation / Document Symbol | E/CN.4/RES/1988/62 |
| Reference | 44 |
| Cite as | UN Commission on Human Rights, Draft Body of Guidelines, Principles and Guarantees of the Rights of Persons Detained on Grounds of Mental Ill-Health or Suffering from Mental Disorder., 9 March 1988, E/CN.4/RES/1988/62, available at: https://www.refworld.org/docid/3b00f09328.html [accessed 7 June 2023] |
1988/62. Draft body of guidelines, principles and guarantees of the rights of persons detained on grounds of mental ill-health or suffering from mental disorder
The Commission on Human Rights, Mindful of the provisions of the Universal Declaration on Human Rights and of the International Covenant on Civil and Political Rights relating to the humane treatment of all persons, Further mindful of the Principles of Medical Ethics relevant to the role of health personnel, particularly physicians, in the protection of prisoners and detainees against torture and other cruel, inhuman or degrading treatment or punishment, Recalling its resolution 10 A (XXXIII) of 11 March 1977, by which it requested the Sub-Commission on Prevention of Discrimination and Protection of Minorities to study the question of the protection of persons detained on the grounds of mental ill-health, with a view to formulating guidelines, Expressing once again deep concern at the repeated evidence of the misuse of psychiatry to detain persons on non-medical grounds, as reflected in the report of the Special Rapporteur of the Sub-Commission (E/CN.4/Sub.2/1983/17 and Add.1), Reaffirming its conviction that the detention of persons in mental institutions on account of their political views or on other non-medical grounds is a violation of their human rights, Reaffirming also its resolution 1986/12 of 10 March 1986, Taking note of Sub-Commission resolution 1987/22 of 3 September 1987, Expressing its appreciation and thanks to the Sub-Commission's working group on the question of persons detained on the grounds of mental ill-health or suffering from mental disorder, Noting, however, that because the working group of the Sub-Commission has made only limited progress so far, the Sub-Commission is still far from concluding its consideration of the draft body of guidelines, principles and guarantees, Taking into consideration General Assembly resolutions 41/114 of 4 December 1986 and 42/98 of 7 December 1987, in which the Assembly urged the Commission and, through it, the Sub-Commission to expedite their consideration of the draft body of guidelines, principles and guarantees,1. Reiterates the urgent need for principles and guidelines to prevent the misuse of psychiatry and to safeguard the rights of all individuals;
2. Invites States Members of the United Nations, pending the adoption of a body of principles, guidelines and guarantees, to adhere to the existing standards set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and to take such steps as may be necessary to protect the rights of all those persons detained on grounds of mental ill-health or suffering from mental disorder;
3. Requests the Sub-Commission:
(a) To attach much greater emphasis at its fortieth session to the working group and its drafting assignments;
(b) To complete the work on the draft body of guidelines, principles and guarantees as a matter of urgency at its fortieth session;
(c) To take account of the paper presented by the World Health Organization (E/CN.4/1988/66) and to submit it to the working group for consideration;
4. Requests the Secretary-General to give the working group any assistance necessary to complete its important work.
54th meeting9 March 1988
[Adopted without a vote. See chap. XV.]
