Human rights, bioethics, and mental disorder

This article discusses international human rights instruments that set minimum standards for the content and application of mental health laws. The article considers the extent to which the various instruments impose both 'negative obligations' on states not to interfere with rights, such as physical integrity or protection from arbitrary detention, and 'positive' obligations on states to take positive steps to protect the rights of individuals. The article concludes by suggesting that while people with mental disorders may be treated differently with respect to general bioethical instruments internationally, they are also entitled to rights under the Disability Convention, which require states to take positive steps to promote equal treatment, social inclusion and protection from discrimination and stigma.