Global Development & Design

Is the UN Convention on the Rights of Persons with Disabilities Impacting Mental Health Laws and Policies in High-Income Countries? 

A Case Study of Implementation in Canada

The Issue: People with disabilities face discrimination, mistreatment, and exclusion worldwide regarding equal rights, specifically rights related to access to healthcare and social services. 

Introduction:

In 2013, the United Nations adopted the Convention on the Rights of Persons with Disabilities, and this study chose to understand the impact of the treaty on Canada. 

Why Canada:

Canada is a high-income Western democracy that has a history of upholding human rights, as well as a federal country where there are battles over jurisdiction between the federal and provincial governments in how policies are implemented. Canada makes for a solid region to analyze the UN’s policy and how well it can be implemented as it possesses qualities similar to many other countries, but is also one other countries can look up to.

The Convention on the Rights of Persons with Disabilities (CRPD):

The Goal:

The purpose of the CRPD is to “promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.” 

Challenges and Effects:

Overall, the CRPD was met with enthusiasm in the international community, however, many issues arose with the ambiguity of the treaty and the difficulties with its implementation which hinders international compliance. Essentially, the study found that although the convention is a step forward in promoting the rights of disability rights and mental health policies in domestic legislation, there is still a great disparity between these goals and the actual experiences of those with disabilities in Canada and around the world. Many issues regarding the implementation of the convention’s goals stem from Article 12 which discusses the legal capacity of people with psychosocial disabilities which directly relates to agency and empowerment. There is certainly a shift in thinking because of the CRPD and the cultural paradigms in Canada and around the world are shiting in favor of policies to expand their human rights, however, there is still an explicit lack of implementation. 

Reference

Hoffman, S.J., Sritharan, L. & Tejpar, A. Is the UN Convention on the Rights of Persons with Disabilities Impacting Mental Health Laws and Policies in High-Income Countries? A Case Study of Implementation in Canada. BMC Int Health Hum Rights 16, 28 (2016). https://doi.org/10.1186/s12914-016-0103-1