OHCHR and the right to health

Issues in focus

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OHCHR and the right to health

Issues in focus

More than one in ten people globally are current or potential users of mental health services at any given time. Yet, access to appropriate, rights-based mental health care remains alarmingly limited – particularly in low- and middle-income countries.

There is a strong association between mental health and physical health. In many parts of the world, the absence of accessible community-based mental health support means that people are often institutionalized in psychiatric facilities, where they face a heightened risk of serious human rights violations. These include degrading treatment and abuse, violence, seclusion, isolation and physical restraint, used as punishment or coercion, and other violations of civil, cultural, economic, political, and social rights.

The marginalization of mental health in laws and public policy further deepens inequality. Discrimination, exclusion from public and social life, unequal access to education, work, housing, food and water are some of the manifestations and impact the realization of the right to health. There is a strong and well-documented link between mental health and poverty – both as a cause and a consequence.

Transforming Mental Health Systems

In 2023, OHCHR and WHO jointly published Mental Health, Human Rights, and Legislation: Guidance and Practice to support countries in transforming their mental health systems and aligning laws and policies with international human rights standards. This key resource offers practical tools for policymakers, practitioners, and advocates to advance person-centered, rights-based mental healthcare.

The impact of COVID-19

The Covid-19 pandemic exposed and intensified the urgent need for States to appropriately address mental health and ensure that responses are grounded in international human rights standards. The pandemic has had far-reaching impacts on mental health across different population groups, disproportionately affecting persons with psychosocial disabilities or users of mental health services as well as older persons, and other persons belonging to at risk groups. Those living in institutional settings faced a higher risk of infection, confinement, polypharmacy and overmedication, isolation and death.

The pandemic serves as a stark reminder that mental health must be addressed as a matter of human rights. States have an urgent obligation to shift from institutional models to rights-based, community-driven mental health services.

Reports and resources

  • Mental Health, Human Rights and Legislation: Guidance and Practice – OHCHR & WHO (2023)

This joint publication by OHCHR and WHO offers practical guidance for aligning laws, policies, and practices with international human rights standards and for shifting away from coercive, biomedical models toward rights-based, person-centered mental health systems. See Publication Page

  • Mental Health and Human Rights – Report of the United Nations High Commissioner for Human Rights A/HRC/58/38 (2025)

This report, submitted pursuant to Human Rights Council Resolution 52/12, presents key findings and recommendations for the realization of the human rights of persons with psychosocial disabilities and users of mental health services. See report page

  • Summary of the outcome of the consultation on ways to harmonize laws, policies and practices relating to mental health with the norms of the CRPD A/HRC/49/29 (2022)

Submitted pursuant to HRC Resolution 43/13, this report summarizes the consultation held on 15 November 2021, which focused on aligning national mental health laws, policies, and practices with the Convention on the Rights of Persons with Disabilities (CRPD).

  • Mental Health and Human Rights – Report of the United Nations High Commissioner for Human Rights A/HRC/39/36 (2018)

Submitted pursuant to HRC Resolution 36/13, this report summarizes the consultation held on 14-15 May 2018 on mental health as a human rights issue. Participants discussed the need for system-wide strategies and rights-based services to address discrimination, stigma, coercion, and abuse.

  • Mental Health and Human Rights – Report of the United Nations High Commissioner for Human Rights A/HRC/34/32 (2017)

Submitted pursuant to HRC Resolution 32/18, this report identifies major challenges faced by persons with psychosocial disabilities and users or potential users of mental health services. See Report Page

Events and Consultations

  • Event on Suicide Prevention: 20 May 2025

This event on the margins of the 78th session of the World Health Assembly convened high-level decision-makers, civil society representatives, and global health actors, to strengthen visibility of suicide prevention as both a health and human rights emergency. See Concept Note and Event Flyer

  • Event on Mental Health and Human Rights: Towards Community-based Mental Healthcare”, 19 May 2025

The event aimed to share good practices and lessons learned on transitioning to community-based mental health care at the national level. It aimed to showcase the importance of applying a human rights perspective to mental health and gathering support to make this a global priority at the World Health Assembly and UN High Level Meeting on Non-Communicable Diseases and Mental Health. See Concept note, Video recording and Event Flyer

  • Consultation on Mental Health and Human Rights, 23 October 2024

Pursuant to HRC Resolution 52/12, OHCHR convened a consultation on 23 October 2024 to examine key challenges and opportunities for advancing a human rights-based approach to mental health. The consultation informed the High Commissioner’s subsequent report to the Human Rights Council (A/HRC/58/38). See Event Page

  • Inter-sessional Consultation on Harmonizing National Laws, Policies, and Practices Relating to Mental Health with the CRPD, 15 November 2021

Pursuant to HRC Resolution 43/13, OHCHR convened a virtual consultation on 15 November 2021 to explore ways to align national mental health laws, policies, and practices with the Convention on the Rights of Persons with Disabilities (CRPD). It informed the High Commissioner’s report to the Human Rights Council at its 49th session (A/HRC/49/48). See Event Page

  • Consultation on Identifying Strategies to Promote Human Rights in Mental Health 14-15 May 2018

Pursuant to HRC Resolution 36/13, OHCHR convened a consultation on 14-15 May 2018 to identify strategies to promote human rights in mental health. The outcomes of the consultation informed the High Commissioner’s report to the Human Rights Council at its 39th session (A/HRC/39/36). See Event Page

Other resources

Resolutions on Mental Health and Human Rights

  • Human Rights Council resolution 52/12 (2023)
  • Human Rights Council resolution 43/13 (2020)
  • Human Rights Council Resolution 36/13 (2017)
  • Human Rights Council Resolution 32/18 (2016)

Reports of Special Rapporteurs

  • Report of the Special Rapporteur on extreme poverty and human rights. The burnout economy: poverty and mental health (2024), (A/79/162).
  • Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on the global agenda for mental health that is human rights-based (2020), (A/HRC/44/48).
  • Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (2020), (A/HRC/43/49).
  • Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on the role of the determinants of health in advancing the right to mental health (2019), (A/HRC/41/34).
  • Report of the Special Rapporteur on the rights of persons with disabilities (2018), (A/73/161).
  • Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health on mental health (2017), (A/HRC/35/21).

Key Publications

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