Of Promises and Discontents: Mapping India's Response to Guaranteeing the Right to Mental Health during the Covid-19 Pandemic

被引:0
作者
Sanghi, Sanskriti [1 ]
Jaswal, Raushan Tara [1 ]
机构
[1] OP Jindal Global Univ, Jindal Global Law Sch, Law, Sonipat, Haryana, India
关键词
Mental health; Human rights; India; COVID-19; Migrant workers; Healthcare workers; DISABILITIES ACT; IMPACT; CONVENTION; ILLNESS; NEED; LAW;
D O I
10.1017/S2044251321000576
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
As of 2020, close to 1 billion people are living with mental disorders. The COVID-19 pandemic has revealed and intensified the shortcomings in guaranteeing the right to mental health, particularly of the marginalized. The article discusses the international human rights framework with the endeavour of highlighting the non-derogability of the right and the obligations imposed on States in pursuance of it. By discussing the Indian experience the article exemplifies that, despite greater normative clarity, practice has not been brought into conformity in most States, resulting in pre-existing lacunae being amplified during the pandemic. The article proceeds to outline recommendations for States to consider by treating India as a global reference. The overarching conclusion is that while the pandemic has made it even more apparent that the implementation of the rights-framework is deficient, it has also provided an opportunity to advance which can only be availed by operationalizing this framework.
引用
收藏
页码:121 / 156
页数:36
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共 118 条
  • [1] Amnesty International, 2020, RESP COVID 19 STAT H
  • [2] Covid-19: Indian government vows to protect healthcare workers from violence amid rising cases
    不详
    [J]. BMJ-BRITISH MEDICAL JOURNAL, 2020, 369 : m1631
  • [3] [Anonymous], 2020, THEPRINT 0414
  • [4] [Anonymous], 2008, MENTAL HLTH CARE HUM
  • [5] [Anonymous], 2017, INT J MENT HEALTH SY, V11, P48, DOI [10.1186/s13033-017-0155-1>, DOI 10.1186/S13033-017-0155-1]
  • [6] [Anonymous], 2020, Al Jazeera
  • [7] [Anonymous], 2012, WHO QualityRights tool kit to assess and improve quality and human rights in mental health and social care facilities. Introduction
  • [8] [Anonymous], 2020, EP DIS AM ORD
  • [9] [Anonymous], 2020, IND COVID 19 LOCKD P
  • [10] [Anonymous], 2013, Mental Health Action Plan 2013-2020, P6