The right to mental health beyond mental disorders and disabilities

This thesis examines the right to mental health of persons without mental disorders or disabilities (PWOMDD). Mental health plays a key role in our lives. It influences our thoughts, feelings, and actions. It enables us to build meaningful relationships, handle stressful situations and make the most of our capacities. International Human Rights Law recognises the right of any individual to the highest attainable standard of physical and mental health. However, within the human rights sphere, mental health is mostly addressed in terms of the rights of persons with mental disorders or disabilities. This is because persons with mental disorders or disabilities often suffer gross human rights violations, such as violence and discrimination. In contrast, the way the right to mental health applies to PWOMDD has not yet been thoroughly investigated. This contribution seeks to fill this gap by answering the following research question: ‘What is the normative content and scope of the right to mental health of PWOMDD?’. In particular, it explores how this right takes shape in peace, conflict and post-conflict settings. Since International Humanitarian Law applies during hostilities, this work also examines if and how this branch of International Law protects mental health. This study replies to the research question above by adopting a doctrinal legal method, which is based on the analysis of the legal texts, case law and academic literature. In addition, it takes a practical approach in addressing the challenges regarding the implementation of this right and in proposing obligations that might be considered stemming from it. Finally, although the focus of this research remains primarily legal, this contribution presents various interdisciplinary aspects. It draws on disciplines such as public health, psychology and philosophy. This thesis demonstrates that the right to mental health is not only concerned with the treatment of mental disorders but also mental health prevention and promotion. To respect the right to mental health of PWOMDD, States must ensure both the right to mental health support, especially for groups at risk, and the right to underlying determinants of mental health. Furthermore, they must give special consideration to the mental health of children and adolescents. In armed conflict, the right to mental health continues to apply, but it can be limited. International Humanitarian Law also safeguards mental health in several ways. In post-conflict situations, the mental health of victims can be supported through reparations. Attention to mental health in those contexts can contribute to peace and prevent inter-generational trauma. The results of this research will advance the debate about State obligations towards individual and population mental health.