International law is the law that governs the relationships between different countries.
International treaties (sometimes called ‘conventions’ or ‘covenants’) are part of international law. Treaties are agreements between different countries setting out general principles about a subject such as human rights. There are several international treaties about human rights. For more about some of the main human rights treaties that are particularly relevant to people with mental illness, continue to read this section.
Most, but not all, of these are treaties developed by the United Nations. International treaties apply to all the countries that have ‘ratified’ or ‘acceded’ to them (which results in a country being formally bound by the treaty).
International declarations are statements of principles or standards in international law that are persuasive (in the sense that they carry ethical force) but they are not legally binding. There are several international declarations about human rights and standards of care that are relevant to people with mental illness. For more about these declarations, click here. There are also a range of international documents that set out standards and principles relevant to people with mental health illness.
Human rights treaties sometimes have ‘optional protocols’ linked to them that either deal in more detail with a specific issue covered in the treaty, or with monitoring of the treaty, and/or with how individuals can complain if they believe their rights set out in the treaty have been breached.
After the government of a country has signed a treaty, it also must be ratified or acceded to by the government of the country to give it full force. In Australia, it is the Commonwealth Government that decides whether or not to ratify a treaty. There is a Joint Standing Committee on Treaties of the Commonwealth Parliament that advises the Commonwealth Government on whether a treaty should be ratified or not, which only occurs after consultation with State and Territory Governments.
Even if a treaty is ratified, there is often little an individual can do to enforce the terms of a treaty if the terms are not then included in the laws made by parliaments in Australia. However, some treaties have complaints mechanisms that individuals can use, after they have tried legal options available under their country’s laws.
As well as the range of international documents that may be relevant to the rights and needs of people living with mental illness, there are also some bodies and officials who have specific responsibilities:
Universal Declaration of Human Rights
The Universal Declaration of Human Rights was first adopted by the United Nations General Assembly in 1948. (The General Assembly is like the Parliament of the United Nations). The Declaration was the first comprehensive international statement of human rights principles. It has 30 articles.
The contents of the articles in the Universal Declaration of Human Rights have been elaborated and expanded in later treaties and protocols on human rights.
Following is a summary of the rights set out in the Universal Declaration of Human Rights:
Click here for the full version of the Universal Declaration of Human Rights.
There are various forms of recognition of human rights by the United Nations and other international organisations. These include treaties, declarations, action plans, ‘rules’, ‘principles’ and guidance notes. These different forms of recognition have different legal significance. Treaties (which are usually called ‘conventions’ or ‘covenants’) are important forms of recognition of human rights because they are legally binding on those countries that have agreed to be bound by them. Other forms of recognition of human rights are usually ‘non-binding’, but they are ‘persuasive’ in that they can influence the practice of human rights within the international community.
The United Nations has, to date, adopted ten ‘core’ human rights treaties, which are binding upon those countries that agree to be bound by the treaties.
Two of these treaties set out in detail the human rights that are to be protected, promoted and fulfilled for everyone. These are the International Covenant on Economic Social and Cultural Rights and the International Covenant on Civil and Political Rights.
There are also a number of specialist human rights treaties that consider aspects of human rights that affect particular population groups, for example:
The following section has more information about the International Covenant on Economic Social and Cultural Rights and the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities.
For more about international human rights law and other human rights treaties, click here.
The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) are the two main international treaties that expand in detail on the principles in the Universal Declaration of Human Rights and set them out in a legally binding agreement between countries. Both are treaties developed by the United Nations, and together with the Universal Declaration of Human Rights, these treaties are sometimes referred to as the ‘International Bill of Rights.’
The Second Optional Protocol to the ICCPR enables individuals to make a complaint to a United Nations committee if they believe one or more of their rights set out in the ICCPR have been violated, in circumstances where there is no reasonably available domestic remedy for this violation.
Australia has ratified (become a party and accepted obligations) both the ICCPR and ICESCR and the Optional Protocol to the ICCPR. Australia has not, with minor exceptions, incorporated the rights contained in the ICCPR and the ICESCR into domestic law (that is, laws made by the parliaments of the Commonwealth, states or territories).
Article 12 of the ICESCR recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
You can find a copy of the ICCPR and ICESCR by following this link
The Convention on the Rights of Persons with Disabilities (CRPD) was developed by the United Nations. Australia ratified this treaty in 2008 and has also ratified its Optional Protocol. The purpose of the CRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms for all people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More, and to promote respect for their inherent dignity.
The CRPD does not define ‘disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More’ or ‘persons with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More’ but in Article 1 it is made clear that the class of persons to whom it applies includes persons with long-term impairments. This certainly includes people with mental health conditions.
The Optional Protocol to the CRPD allows an individual to make a complaint to the United Nations Committee on the Rights of Persons with Disabilities if they believe one or more of their rights set out in the CRPD have been violated and there is no reasonably available domestic remedy for that violation.
The CRPD comprises 50 articles, 20 of which articulate specific human rights as they relate to the needs and concerns of persons with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. Among these rights are some that have a particular significance to the certain forms of human rights violation disproportionately experienced by persons with mental health conditions. These include:
You can find a copy of CRPD by following this link
The Convention on the Rights of the Child (CROC) is a United Nations treaty, which was ratified by Australia in 1990. It recognises the rights of children and that children need special care and protection. It applies to children and young people with mental health conditions on the same basis as it applies to other children and young people. Article 23 also provides that children and young people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More (including those with mental health conditions) are entitled to enjoy a “full and decent life” and that they and their families are entitled to receive the support and assistance they require to enable this to occur.
You can find a copy of CROC by following this link
International standards and guidelines are all general statements of principle meant to guide governments and service providers. They are not legally binding or enforceable in any way if they are not followed.
The following international documents set out a range of standards and guidelines that are particularly relevant to people with mental illness:
Updated October 21, 2019