In 2008, Australia and New Zealand ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The CRPD challenges traditional mental health legislation by emphasising the respect for inherent dignity, legal capacity, liberty and physical and mental integrity of persons with disabilities on an equal basis with others. The application of CRPD in mental health care requires a realistic and balanced interpretation of the CRPD as well as education and training of clinical staff in human rights framework.

Prof Neeraj Gill and Dr Ava Carter will outline the contemporary human rights framework. They examine civil and political rights, including involuntary psychiatric treatment and coercive interventions, along with economic, social and cultural rights. The discussion will also cover the application of the UN CRPD in mental health care in Australia as well as social determinants to health, social justice and public mental health.

Prof Neeraj Gill is a psychiatrist at Gold Coast Health. He is a Professor of Adult Psychiatry at Griffith University and Professor of Public Mental Health at the University of Canberra. He is the Regional Vice-President, Oceania of the World Federation for Mental Health and the Secretary of the World Psychiatric Association Section on Psychiatry, Law and Ethics. He served as an elected Director on the Board of the Royal Australian and New Zealand College of Psychiatrists (RANZCP) from 2020-2023.

Neeraj was awarded his Doctor of Public Health degree from the University of New South Wales (UNSW) based on his doctoral thesis on 'human rights of people with mental disabilities'. He has published many papers on human rights, mental health law, and Aboriginal and Torres Strait Islander social and emotional wellbeing.

Dr Ava Carter is a dental surgeon and medical doctor, currently specialising in consultation liaison psychiatry and developing her skills in medical administration and management. She is passionate about collaborating to improve outcomes and drive system change in organisations in the healthcare sector, and is driven to elevate the voices of others, particularly in healthcare education and lived experience.

Clinically, Ava has worked in public health services, in allied health, and in the private health sector, and currently holds an operational role as Senior Registrar at Canberra Health Services. Ava was appointed by the Board as the Appointed Director, Trainee, for a one-year term from 31 May 2023 and was reappointed for a further one-year term from May 2024 to May 2025.

Additional resources:

Mental Health and Human Rights: The Challenges of the United Nations Convention on the Rights of Persons with Disabilities to Mental Health Care.

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This podcast is provided to you for information purposes only and to provide a broad public understanding of various mental health topics. The podcast may represent the views of the author and not necessarily the views of The Royal Australian and New Zealand College of Psychiatrists ('RANZCP'). The podcast is not to be relied upon as medical advice, or as a substitute for medical advice, does not establish a doctor-patient relationship and should not be a substitute for individual clinical judgement. By accessing The RANZCP's podcasts you also agree to the full terms and conditions of the RANZCP's Website. Expert mental health information and finding a psychiatrist in Australia or New Zealand is available on the RANZCP’s Your Health In Mind Website.

The Challenge of Human Rights to Psychiatry and Mental Health Care

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