Fiona Walsh – Convention on the Rights of Persons with Disabilities (CRPD): Civil Liberties, Equality and Upholding Human Rights
The 100th Anniversary of the 1916 Rising (Easter
Rebellion) is currently being marked in Dublin City and Ireland. The
Rising was launched by a small number of Irish Republicans at Easter
time 1916 aiming to terminate British rule in Ireland and establish an
independent Irish Republic. One of the principles of the Proclamation
guaranteed:
‘religious and civil liberty, equal rights and equal opportunities to all its citizens’
In the context of those presenting in emotional distress today in
Ireland in 2016 however there is still no guarantee that civil liberties
will be respected and the reality of equal rights/opportunities for
those perceived to be suffering from ‘mental disorders’ is not on the
horizon just yet. Diagnoses are based on subjective interpretation of
‘symptoms’ by Irish psychiatrists and other professionals who typically
see individuals in terms of perceived deficits, brain disorders and
inherited genetic defects. There are some more enlightened professionals
who think in terms of ‘support’ and supporting decision making for
those in distress as opposed to those who however compassionate and well
meaning think in terms of ‘control’ ‘risk’ and substitute decision
making. Many survivors of psychiatric abuse dread the paternalistic
‘best interests’ approach which typically has been used to deprive them
of their basic human rights and to define what has contributed to their
distress and what might support them to come through it.
Typically individuals in Ireland present in a voluntary capacity via
their General Practitioner (GP), out of hours service or to the Accident
& Emergency Unit of their local public hospital or to one of the
private facilities. I am not aware of any psychiatric unit that does not
use coercive practices of some sort. Most who present in a voluntary
capacity on the first occasion are not made aware on entering the
facility they can be detained and forcibly treated, albeit on the 2nd
opinion of another psychiatrist, which usually validates the first
opinion. If you do not agree to Diagnosis and Treatment, then you may
well be subjected to detention and forced drugging, seclusion,
restraint, ECT etc. Under international human rights law this is could
be regarded as Torture. The first thing that typically goes is the
individuals clothes, access to fresh air etc, access to
phonecalls/visitors , even your children until it is established that
you will essentially play ball. Mothers can as I did receive threats such as ‘you know we have the option to contact child protection services’.
True informed consent for any ‘Treatment’ including around serious side
effects of medication must be sought yet typically is not and usually
information not provided automatically either way so that the individual
can make or be supported to make an informed decision. For those that
know how the system operates and disagree with the medical model fear
permeates and is increasingly stopping individuals in distress from
reaching out to get the support they desperately crave in a given
crisis. Reports of individuals taking their own life rather than
submitting to coercion are sadly not uncommon and increasing in
frequency in Ireland. Members of our Traveller Community have an
increased incidence of suicide seven times higher than the rest of the
population and fear often prevents travellers seeking professional
support.
Ministers Frances Fitzgerald and Aodhan O Riordain published a ‘Road
Map for Ratification of UN Convention on the Rights of Persons with
Disabilities’ on 21st October 2015. Introducing Capacity
Legislation features on this road map. Accordingly on 30/12/2015 our
President Michael D Higgins signed the Assisted Decision Making
(Capacity) Bill 2013. Rather than respecting the principles of CRPD
though our Departments of Justice and Health and Government bizarrely
based the legislation around ‘Mental Capacity’ providing for a
‘Functional Capacity Test’. Prof Brendan Kelly, a prominent Irish
Psychiatrist has had huge influence and uses the CRPD to even defend
administering Electroshock against the expressed wishes of an individual
(family/loved ones have no rights either in respect of those with
involuntary status). Minister Kathleen Lynch refused to listen to the
voice of Civil Society Capacity Coalition, chaired by Eilionoir Flynn,
Deputy Director, Centre for Disability Law & Policy NUI Galway and
essentially deprived Irish Citizens of the Right to have Legal Capacity
respected in law. In addition the legislation denies the right to make a
legally binding Advance Healthcare Directive in the context of
emotional health, even in respect of ECT. Although the word ‘unwilling’
was recently removed from our Mental Health Act 2001 , the word ‘unable’
still remains, essentially allowing forced detention and drugging to
continue unabated. As a survivor of Psychiatry (my experience is
relatively mild in many respects) I sat in the Public Gallery of our
Houses of Parliament (Dail and Seanad) saddened by the refusal of our
Minister and Government to uphold the principles contained in CRPD and
respect Human Rights, despite being challenged by brillant Human Rights
advocates including Jillian Van Turnhout and Katherine Zappone in our
Seanad and Padraig Mac Lochlainn along with other elected
representatives in our Dail Chamber. At a recent NGO Forum on Human
Rights in Dublin Castle , ‘United Nations Council, ten years on’ (which
UN Rapporteur Ms Catalina Devandas Aguilar was invited to speak and
attended) Layla de Cogan Chin, Dept of Justice left attendees in no
doubt with the Dept line that the Irish Government will essentially pick
and choose what rights will be respected and that CRPD will be ratified
with reservations/declarations.
Increasingly Irish survivors are looking to United Nations and the
International Human Rights arena to expose the inability/indifference of
the Irish Government and Psychiatry Profession to respectively
legislate and usher in reform so that those who seek support can do so
free of fear and terror of coercion. For some layer by layer of their
human dignity is stripped away and they have to recover from the
Diagnosis and ‘Treatment’ in addition to what brought them in contact
with services in the first place. In my own case presenting in a
voluntary capacity agreeing to take all prescribed medication, still
resulted in an attempt by treating Psychiatrist in 2011 to attempt
sectioning on the basis of a second opinion of her choice not mine. My
apparent ‘crime’ was that I did not agree with given diagnosis or that
medication would be of therapeutic benefit. A dear friend of mine,
fellow human rights defender and member of Recovery Experts by
Experience (REE) , at 77 years of age has to live daily with the fear of
having ECT forced upon her despite having a power of attorney and
Advance Directive made. Why should any Psychiatrist have the power to
totally disregard her expressed wishes and disrespect her right to Legal
Capacity should she ever become distressed in the future? Why should
any human being live with the daily fear of having forced ECT again? As a
member of Recovery Experts by Experience (REE) we made a submission to
UN ICCPR in 2014. Tallaght Trialogue advocacy also submitted two reports
under UN ICESCR in addition to contributing to joint parallel report
from Civil Society, coordinated by Noeline Blackwell on behalf of FLAC.
As a member of Tallaght Trialogue Advocacy I presented in person in June
2015 to UN ICESCR Committee in Geneva (speaking notes link below).
The UN CRPD reflects that each Human being has a right to be treated
equally (Article 5) and have their will and preferences respected, that
their legal capacity (Article 12) is inherent and above all that their
human dignity must be respected. My hope is that the standards in the
Convention that prohibit forced detention (Article 14) and treatment
will propel Irish elected representatives to seek, resource and fund
alternative approaches to coercion such as Open Dialogue, Hearing Voices
Approach (see http://hearingvoicesnetworkireland.ie/
) , Crisis Houses, Peer Support & Advocacy … Survivors of
Psychiatry deserve to have their voices heard not silenced as is the
case in Ireland where tick a box engagement is typical and ‘Experts
speak to Experts’ time and time again without the voice of lived
experience.
Thank you Tina Minkowitz and fellow advocates at CHRUSP,
Eilionoir Flynn & past and present Colleagues, CDLP NUI Galway ,
Fiona Morrissey Lawyer & Researcher and to all who contributed to
the CRPD and advocate to have the standards enshrined upheld. It is time
the incoming Irish Government embraced the principles of Civil
Liberties and Equality in the 1916 Proclamation and ratified the CRPD
(signed 30th March 2007) and Optional Protocol without
declarations/reservations. Why not embrace the opportunity without
further delay to respect Legal Capacity (Article 12) and the will and
preferences of individuals and treat every citizen equally regardless of
physical disability, psycho-social disability or a perceived
disability? A Democracy that silences the voice of Civil Society is not
what the signatories of the 1916 Proclamation aspired to, nor is it
appropriate for the survivors of psychiatric abuse past and present in
2016. It is time for Irish Legislators to be challenged by those charged
nationally to uphold human rights to step up to the plate and respect
and ratify the CRPD and Optional Protocol. Accordingly I unreservedly
support the Campaign to Support CRPD Absolute Prohibition of Commitment
and Forced Treatment.
Signed: Fiona Walsh, Human Rights Defender & Survivor of Irish Psychiatric Abuse
Dated: 28th March 2016
Member:
- Recovery Experts by Experience (REE)
- Tallaght Trialogue Advocacy (on facebook & twitter @TallaTrialogue)
Speaking notes ICESCR Review Ireland June 2015 , Fiona Walsh, Tallaght Trialogue Advocacy (pages 19/20 FLAC newsletter)
Irish Examiner Newspaper Article 20/01/2016
Dr. Fiona Morrissey, Lawyer & Mental Health Researcher: Article
in Irish Examiner dated 21/11/2015 and link to her research regarding
Advance Directives
Article in Irish Independent 15/11/2015
Eilionoir Flynn CDLP NUI Galway – Blog Posts on www.humanrights.ie
Prof Brendan Kelly, Psychiatrist, letter to editor 22/11/2015
Roadmap to ratification of CRPD issued by Irish Dept of Justice
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