Principles and Guarantees for the Protection 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 (45th sess. : 1989 : Geneva) |
| Publication Date | 6 March 1982 |
| Citation / Document Symbol | E/CN.4/RES/1989/40 |
| Reference | 45 |
| Cite as | UN Commission on Human Rights, Principles and Guarantees for the Protection of Persons Detained on Grounds of Mental Ill-Health or Suffering from Mental Disorder., 6 March 1982, E/CN.4/RES/1989/40, available at: https://www.refworld.org/docid/3b00f05350.html [accessed 23 May 2023] |
1989/40. Principles and guarantees for the protection 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 of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural 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 its belief that all mentally ill persons should be treated with humanity and respect for the inherent dignity of the human person, Reaffirming its conviction that the misuse of psychiatry to detain persons in mental institutions on account of their political views or on other 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), is a violation of their human rights, Reaffirming also its resolution 1988/62 of 9 March 1988, Taking note of Sub-Commission resolution 1988/28 of 1 September 1988, Expressing its appreciation and thanks to the working group of the Sub-Commission for its work, which enabled the Sub-Commission, at its fortieth session, to adopt the draft body of principles and guarantees for the protection of mentally ill persons and for the improvement of mental health care (E/CN.4/Sub.2/1988/23, sect. IV),1. Reiterates the urgent need for principles and guarantees 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 and guarantees, to adhere to the existing standards set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural 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. Decides to establish an open-ended working group of the Commission on Human Rights to examine, revise and simplify as necessary the draft body of principles and guarantees submitted by the Sub-Commission, with a view to submitting it to the Commission at its forty-sixth session;
4. Invites all Governments, specialized agencies, in particular the World Health Organization, and non-governmental organizations to participate in this work and to consider including in their delegations to the working group persons with expertise in the legal and mental health fields;
5. Requests the working group to meet for a period of two weeks before the forty-sixth session of the Commission;
6. Requests the Secretary-General to invite comments, for consideration by the working group, from Governments, specialized agencies, in particular the World Health Organization, and non-governmental organizations on the draft body of principles and guarantees as submitted by the Sub-Commission;
7. Requests the Secretary-General to circulate these comments to all Governments in advance of the session of the working group;
8. Further requests the Secretary-General to extend all facilities to the working group for its meeting prior to the forty-sixth session of the Commission;
9. Decides to consider the question of principles and guarantees of the rights of persons detained on grounds of mental ill-health or suffering from mental disorder at its forty-sixth session under the agenda item "Human rights and scientific and technological developments";
10. Recommends the following draft resolution to the Economic and Social Council for adoption:
[For the text, see chap. I, sect. A, draft resolution IV.]
51st meeting6 March 1982
[Adopted without a vote. See Chap. XIX.]
