Psychiatric Torture

In solidarity with all victims, survivors and resisters

June 26 is the International Day in Solidarity with Victims of Torture.

In May 2013, I asked survivors, resisters and allies (I consider that all who are alive are survivors, we remember the victims who did not survive psychiatric torture) to join me on June 26 in writing blogs and statements or conducting other activities in solidarity with all victims, survivors and resisters of psychiatric torture. Here is one of the notices posted by a colleague.

Tina Minkowitz has proposed that we use June 26 as a day to write blogs and statements on psychiatric torture. This can be done as a response to or reflection on the UN rapporteur on torture's recommendations that forced psychiatric treatment of all kind be banned, or however you might think to raise awareness on the topic. "What is the value of naming nonconsensual interventions as torture," Tina asks, "and what are the implications of doing so?"

The Special Rapporteur on Torture in March 2013 called for an absolute ban on nonconsensual psychiatric interventions, including restraint, solitary confinement, and nonconsensual administration of electroshock, psychosurgery and mind-altering drugs such as neuroleptics. He also urged repeal of legal provisions authorizing confinement and compulsory treatment in mental health settings, and said that detention on mental health grounds is unjustified. See the statement of the Special Rapporteur, his report, and the response by the World Network of Users and Survivors of Psychiatry, along with a call to action by CHRUSP. Note that the statement revises certain inconsistent positions that were left in the report.

Here are the responses. Remember to breathe when reading these accounts, especially the personal stories.

Tina Minkowitz, "We Name It as Torture"

Faith Rhyne, "Trigger Warning: Why Is It So Hard to Think About Torture?"

Aubrey Ellen Shomo, "Remembering a Restraint"

Bhargavi Davar, "Commemorating Erwadi Victims of Torture"

Naomi Pinson, "Ark of Resistance, Ark of Healing" and

"Why Isn't the Expression 'Taught Helplessness'?Thoughts on Learned Helplessness"

Sarbani Mukherjee, "Nonconsensual Medical Intervention in Immigration Detention in the United States"

Frank Blankenship (Lunatic Fringe blog), "Support for Victims of Psychiatric Torture"

Gerald D. Otis, "Synopsis of the Case of 'Bill Tollufson'"

Ojore Lutalo, "New Jersey State Prison: Special Needs Unit: Resisting the Drug Therapy Chair"

"MindFreedom Ireland Opposes Forced Detention"

Sarah Harper (Pissed Off Woman blog), "In Solidarity with Victims of Torture: A Survivor's Short Response"

Sara Arenson, "On the International Day in Solidarity with Victims of Torture"

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.

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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

Psychiatric Torture

In solidarity with all victims, survivors and resisters

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