4 Regional and International Legal Framework
The main instruments that were used to guide the visit were as follows;
4.1 Principles for the Protection of Persons with Mental Illness and the
Improvement of Mental Health Care, 1991
The Principles are more direct and relevant in providing the rights to be
enjoyed by persons with mental illness particularly those who are
institutionalized. The principles provide a set of basic rights that the
international community regards as inviolable in community and treatment
settings. Some of the relevant Articles include;
Article 1, provides that all persons have the right to the best available mental
health care, which shall be part of the health and social care system.
Article 2, provides that all persons with a mental illness, or who are being
treated as such persons, shall be treated with humanity and respect for the
inherent dignity of the human person.
Article 3, provides that all persons with a mental illness, or who are being
treated as such persons, have the right to protection from economic, sexual
and other forms of exploitation, physical or other abuse and degrading
treatment.
Article 5, provides that every person with a mental illness shall have the right
to exercise all civil, political, economic, social and cultural rights as
recognized in the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights, the International
Covenant on Civil and Political Rights and in other relevant instruments.
4.2 The Convention on the Rights of Persons with Disabilities (CRPD) and its
Optional Protocol
It is the first comprehensive human rights treaty of the 21st century that
adopts a broad categorization of persons with disabilities and reaffirms that all
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