II. International Standards for the Protection of the Rights of Individuals with Mental Disorders

The developments in the understanding of mental health and the associated advances in treatment methods led the international community to acknowledge and support these changes. Conferences and meetings on the topic produced a number of international documents and initiatives targeting the protection and promotion of the rights and basic freedoms of mental patients and detailing regulations for their treatment. Those efforts culminated in the United Nations’ 1991 "Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care.” 

The UN Principles of 1991, which were adopted by a General Assembly resolution, is a very important document. The twenty-five principles detail the rights of individuals with mental disorders or disabilities, including their right to health. The document also includes an extensive list of commitments related to treatment and care. It presents a firm stance against the stigma of mental illness and discrimination against those who suffer from it, supporting individuals’ integration in society and acknowledging the right of all persons with mental disorders to receive treatment and care within their respective communities; all possible efforts must be made to achieve that end.¹⁰ 

At the same time, the international community was making similar progress in the promotion of rights of people with disabilities. Recognizing the link between mental disorders and disability, it was agreed that the latter occurs when a long-term mental disorder prevents those affected from full and effective participation in their community, on an equal basis with others, because of social factors. As an outcome of this realization, the umbrella of legal protection for the rights of persons with disabilities was extended to include persons with mental disorders or disabilities as well.

In 1975, the UN General Assembly adopted the "Declaration on the Rights of Disabled Persons," and in 1983 it announced the Decade of Disabled Persons and the launch of a universal action plan concerning those with disabilities. In 1993, the UN General Assembly endorsed a resolution titled, "The Standard Rules on the Equalization of Opportunities for Persons with Disabilities," which includes a long list of commitments to provide equal opportunities for disabled persons in all fields, such as health care, rehabilitation, education and employment; the document also stresses the importance of the participation of people with disabilities in policy-making and the drafting of legislation that ensures the provision of equal opportunities.¹¹

Recently, the International Convention on the Rights of Persons with Disabilities was adopted by the UN, and it was ratified by the Egyptian government in April 2008. This comprehensive and legally binding treaty seeks to ensure the respect, protection and promotion of the rights and basic freedoms of all persons with disabilities, including mental disability, and ensures their enjoyment of those rights and freedoms without discrimination. The Convention calls on all member states to undertake all necessary measures to ensure equal opportunities for persons with disabilities, including legal and special measures in all aspects of life, in order to protect and compensate those with disability for any deprivation they might have suffered.¹² 

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10- Principles for the Protection of Persons with Mental Illness and the
Improvement of Mental Health Care, UN General Assembly resolution, 46th meeting, 17 December 1991. The principles are reproduced in Appendix 2 of this study.
 

11- The Standard Rules on the Equalization of Opportunities for Persons with Disabilities, UN General Assembly resolution, 48th meeting, 20 December 1993.
 

12- Convention on the Rights of Persons with Disabilities.