human rights

The MHCA has responded to the Australian Law Reform Commission’s Discussion Paper into its Inquiry into Equality, Capacity and Disability in Commonwealth Laws. The MHCA broadly supports the ALRC ’s proposals regarding supported decision-making, but is disappointed that more specific recommendations about mental health and insurance have not been made.

In this joint submission, the National Mental Health Consumer and Carer Forum and the MHCA discuss human rights and equal recognition before the law for people with mental illness and psychosocial disability. The submission makes a series of recommendations about nationally consistent approaches to legal capacity, supported decision-making, advance care planning, mental health legislation and restrictive practices.

The central principles of the National Disability Insurance Scheme ( NDIS ) of consumer choice and control go to the heart of the Australian Law Reform Commission’s inquiry into equality before the law of people with disability. In this submission, the MHCA outlines concerns around equal recognition for people with psychosocial disability through the NDIS , including in relation to scheme design, service quality and safeguards, and supported decision-making.

This document is a summary of the ground-breaking Not For Service report which can be found here .

The MHCA strongly supports Australia ratifying the UN Convention on the Rights of Persons with Disabilities . We are pleased that a number of articles explicitly refer to mental illness. However, there are areas that could be strengthened, particularly discrimination on the basis of disability. Freedom from cruel or inhuman treatment and protecting the integrity of the person are key mental health consumer issues and need greater attention within the mental health sector. Employment and housing support are essential areas of focus to ensure people with mental illness-related disability are encouraged to fully participate as members of their community.