Areas of Work

What does CHRUSP do?

CHRUSP was originally envisioned to pursue five aims linked to its overall goal of realizing the abolition of forced psychiatry everywhere, with full respect for legal capacity and the interdependence of civil, political, economic, social and cultural rights. These aims remain relevant and guide our current work.

1.Shaping consensus around an interpretation of the CRPD to uphold full legal capacity and the abolition of forced psychiatric interventions/detention. Such an interpretation is fully justified by the text of the treaty understood in its entirety and in light of its object and purpose, including its governing principles.

This aim has been largely fulfilled as a result of General Comment No. 1 and the Guidelines on Article 14, authoritative interpretive materials of the CRPD Committee. As interpretation continues to be refined to develop nuances and fill gaps, the aim remains relevant.

2.Law reform initiatives to repeal involuntary commitment/treatment and guardianship laws and to ensure universal legal capacity.

This aim has been pursued indirectly through advising and commenting on reforms made known by colleagues, and promoting those that have value from an abolitionist perspective.

Formulation of positions regarding the value of legislation to address comprehensive policy reform and positive entitlements related to support has begun and needs to be promoted. Meanwhile, advice and comment continues to be necessary as additional DPOs and states pursue reform.

3.Monitoring and enforcement of CRPD norms through human rights mechanisms and courts.

This aim has been pursued both directly and indirectly. CHRUSP has had most success indirectly: advising colleagues on shadow reporting, promoting the use of human rights mechanisms and providing information about how to use them, submitting amicus briefs to national or regional courts.

CHRUSP could do more in this area if personnel with relevant skills could develop the capability to pursue justice on behalf of individuals as well as strategic litigation, through international human rights mechanisms and regional courts.

4.Education and awareness-raising.

This aim has been pursued through numerous means that change over time. Initially CHRUSP co-operated closely with WNUSP to support the advocacy of a global network and the development of diverse leadership. Later, CHRUSP initiated the Absolute Prohibition Campaign to involve diverse people whose rights are impacted as well as allies in defending the CRPD standard of abolition, and created a network that functions by email to keep one another informed, hold discussions, and at times collaborate in advocacy.

The CHRUSP website is, and has been from the beginning, a site that activists use regularly as an information resource. CHRUSP is planning to revise the website while keeping the storehouse of information that our supporters value.

CHRUSP has also conducted a CRPD course; this ran three times live and now is available as self-study on a dedicated website. CHRUSP has also periodically offered webinars on topics of interest.

5.Extending the analysis in CRPD to related areas.

The first application was to the rights of prisoners, which now has become a core theme linked to both legal capacity and the abolition of forced psychiatry – rejecting the insanity defense and grappling with the injustice of the penal system on its own terms, promotion of restorative justice, and non-discrimination including all necessary accommodations for people with disabilities facing trial and imprisonment.

The second was to the rights of older persons, ensuring that the CRPD norms on legal capacity and right to live independently in the community are upheld.

Third has been the question of mental health policy vs the conceptualization of positive entitlements to support outside of mental health discourse and practices. This work links with police and prison issues as well, and benefits from current advocacy for prison abolition and for community alternatives to policing. It is an uphill battle to counter professionalized mental health in its role of service provider and policymaker that prevents full accountability for its human rights violations and leaves us vulnerable to those violations reappearing even if legal abolition is achieved.

CHRUSP expertise

CHRUSP makes its expertise available to support the work of other organizations whose goals are compatible with the CHRUSP mission, and to inform human rights mechanisms and states charged with the duties of implementation and monitoring of the CRPD. These services can include:

Supplying information and analysis applying CRPD and other human rights norms
Providing speakers and conducting workshops
Assisting organizations to develop advocacy materials and strategies

Depending on the nature of the engagement, fees may be requested. If funding is needed to carry out these activities, CHRUSP will work with the organization requesting its services to apply for grants or conduct fundraising activities.

Opposition to OHCHR-WHO Legislation Guidance

CHRUSP issued a joint statement with Validity Foundation and the World Network of Users and Survivors of Psychiatry, opposing 'Guidance on Mental Health, Human Rights and Legislation' that is being launched October 9, 2023,

Joint_Statement_Opposing_OHCHR_WHO_Guidance_Project_Final.docx

Reimagining Crisis Support - a new book

Reimagining Crisis Support: Matrix, Roadmap and Policy by Tina Minkowitz aims to shift the conversation about personal crisis from one based in mental health discourse to one based in a social model of disability and human rights. Download a pdf here; read more and order at-cost paperback or download epub from the book's website.

Amicus to International Criminal Court on insanity defense

The International Criminal Court requested amicus curiae observations in the appeal by Dominic Ongwen of his conviction, who had raised a defense unsuccessfully of criminal non-responsibility due to 'mental disease or defect'. Tina Minkowitz and Robert Fleischner submitted a brief urging the Court to consider the CRPD and adopt a CRPD-compliant alternative.

Using UN Human Rights Mechanisms

A guide to using UN human rights mechanisms for individual complaints and systemic reporting, focusing on issues of concern to users and survivors of psychiatry. pdf word

Peru's Legal Capacity Reform

Peru has enacted the first legal capacity reform that complies with CRPD in its overall approach, despite flaws as indicated in the commentary by Sodis (civil society organization that worked on the reform).

Legislative_Decree_No_1384__Peruvian_legal_capacity_reform_.docx

Analysis of Peru's legal capacity reform

Absolute Prohibition Campaign - a CHRUSP project

In early 2016, over 40 participants in Europe, North America, Latin America, Australia and Asia responded to our call to support the CRPD standard of absolute prohibition of involuntary commitment and treatment, by writing blog posts from their perspectives as survivors, allies, relatives, researchers, activists, and lawyers. Blog posts are compiled at http://absoluteprohibition.org.

Since December of that year, we have connected together through email and teleconferences. Please correspond with CHRUSP if you are interested in getting involved.

CRPD course - a CHRUSP project

CRPD from a survivor of psychiatry perspective, taught by Tina Minkowitz. Currently available for self-directed study, see http://crpdcourse.org.

Key Resource - General Comment No. 1 on Legal Capacity

In 2014, the Committee on the Rights of Persons with Disabilities issued its first General Comment, addressing states' obligations to ensure universal equal legal capacity. This means that no one can legitimately be deprived of the right to make decisions in their personal lives or to be recognized as actors capable of exercising rights and duties directly in the legal system.

General Comment No. 1 explains that mental capacity cannot justify a removal of legal capacity, including in crisis situations. It acknowledges that forced psychiatric interventions violate Article 12 and cannot be justified. Read here

Key Resource - Guidelines on Article 14

In 2015, the Committee on the Rights of Persons with Disabilities issued its second key jurisprudential document relevant to the work of CHRUSP - the Guidelines on Article 14, liberty and security of the person.

The Guidelines explain that Article 14 contains an absolute ban on detention based on an actual or perceived impairment, that involuntary hospitalization in mental health services violates Article 12 (legal capacity) in addition to Article 14, and that forced treatment violates Article 15 (freedom from torture and other ill-treatment).

The Guidelines also explain that declarations of incapacity to plead or to be held criminally responsible, and the detention resulting from such declarations contravene Article 14, and that people with disabilities have rights to non-discrimination, accommodations, and inclusive access to programs in the context of legal proceedings and detention.

Donate

CHRUSP is a 501(c)3 tax-exempt nonprofit organization, and would appreciate your support. You may also send checks directly to CHRUSP, 44 Palmer Pond Rd., Chestertown, NY 12817.

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Center for the Human Rights of Users and Survivors of Psychiatry

Areas of Work

What does CHRUSP do?

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