03008nas a2200337   4500000000100000008004100001260001200042653001100054653001500065653001900080653001700099653003000116653001600146653001800162653002700180653002800207100001100235700001600246700001200262700001700274700001400291700001600305700001400321700001300335245009100348856007700439300000700516490000700523520212600530022001402656       2022                            d  c06/202210aAccess10aDisability10aDiscrimination10aHuman Rights10aInternational obligations10aLegislation10aMental Health10amental health services10aMental health standards1 aSong Y1 aRosenberg S1 aSmith B1 aOcchipinti J1 aMendoza J1 aFreebairn L1 aSkinner A1 aHickie I00aMissing in action: the right to the highest attainable standard of mental health care.  uhttps://ijmhs.biomedcentral.com/track/pdf/10.1186/s13033-022-00537-8.pdf  a260 v163 a<p><strong>BACKGROUND: </strong>The right to the highest attainable standard of mental health remains a distant goal worldwide. The Report of the UN Special Rapporteur on the right of all people to enjoyment of the highest attainable standard of physical and mental health pleaded the urgent need for governments to act through appropriate laws and policies. We argue that Australia is in breach of international obligations, with inadequate access to mental health services, inconsistent mental health legislation across jurisdictions and ongoing structural (systematic) and individual discrimination.</p>

<p><strong>DISCUSSION: </strong>Inadequate access to mental health services is a worldwide phenomenon. Australia has committed to international law obligations under the Convention on the Rights of Persons with Disabilities (CRPD) to 'promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disability, with respect to their inherent dignity'. This includes people with mental health impairment and this convention includes the right to 'the highest attainable standard of mental health'. Under the Australian Constitution, ratification of this convention enables the national government to pass laws to implement the convention obligations, and such national laws would prevail over any inconsistent state (or territory) laws governing mental health service provision. The authors argue that enabling positive rights through legislation and legally binding mental health service standards may facilitate enhanced accountability and enforcement of such rights. These steps may support critical key stakeholders to improve the standards of mental health service provision supported by the implementation of international obligations, thereby accelerating mental health system reform. Improved legislation would encourage better governance and the evolution of better services, making mental health care more accessible, without structural or individual discrimination, enabling all people to enjoy the highest attainable standard of health.</p>
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