For Mental Health Month: The Mental Health Declaration of Human Rights

All human rights organizations set forth codes by which they align their purposes and activities. The Mental Health Declaration of Human Rights articulates the guiding principles and goals of Citizens Commission on Human Rights (CCHR).

In 2017, Dr. Dainius Pūras, the United Nations Special Rapporteur on the right to health, called for a revolution in mental health care around the world to “end decades of neglect, abuse and violence,” and stating

“There is now unequivocal evidence of the failures of a system that relies too heavily on the biomedical model of mental health services, including the front-line and excessive use of psychotropic medicines, and yet these models persist.”

Human rights include the right to one’s own mind, and to protect oneself and one’s loved ones against any abusive or harmful “treatments” given under the guise of mental health.

Every man, woman and child is entitled to the fundamental human rights set forth in this Mental Health Declaration of Human Rights, regardless of race, political ideology, religious, cultural or social beliefs.

Given the fact that virtually no human or civil rights specifically protects citizens from mental health abuses, it is vital that the following rights be recognized and that all countries adopt this Declaration.

A. The right to full informed consent, including:

1. The scientific/medical test confirming any alleged diagnoses of psychiatric disorder and the right to refute any psychiatric diagnoses of mental “illness” that cannot be medically confirmed.

2. Full disclosure of all documented risks of any proposed drug or mental “treatment.”

3. The right to be informed of all available medical treatments which do not involve the administration of a psychiatric drug or treatment.

4. The right to refuse psychiatric drugs documented by international drug regulatory agencies to be harmful and potentially lethal.

5. The right to refuse to undergo electroshock or psycho-surgery.

B. No person shall be forced to undergo any psychiatric or psychological treatment against his or her will.

C. No person, man, woman or child, may be denied his or her personal liberty by reason of mental illness, without a fair jury trial by laymen and with proper legal representation.

D. No person shall be admitted to or held in a psychiatric institution, hospital or facility because of their political, religious or cultural or social beliefs and practices.

E. Any patient has:

1. The right to be treated with dignity as a human being.

2. The right to hospital amenities without distinction as to race, color, sex, language, religion, political opinion, social origin or status by right of birth or property.

3. The right to have a thorough, physical and clinical examination by a competent registered general practitioner of one’s choice, to ensure that one’s mental condition is not caused by any undetected and untreated physical illness, injury or defect, and the right to seek a second medical opinion of one’s choice.

4. The right to fully equipped medical facilities and appropriately trained medical staff in hospitals, so that competent physical, clinical examinations can be performed.

5. The right to choose the kind or type of therapy to be employed, and the right to discuss this with a general practitioner, healer or minister of one’s choice.

6. The right to have all the side effects of any offered treatment made clear and understandable to the patient, in written form and in the patient’s native language.

7. The right to accept or refuse treatment but in particular, the right to refuse sterilization, electroshock treatment, insulin shock, lobotomy (or any other psychosurgical brain operation), aversion therapy, narcotherapy, deep sleep therapy and any drugs producing unwanted side effects.

8. The right to make official complaints, without reprisal, to an independent board which is composed of non-psychiatric personnel, lawyers and lay people. Complaints may encompass any torturous, cruel, inhuman or degrading treatment or punishment received while under psychiatric care.

9. The right to have private counsel with a legal advisor and to take legal action.

10. The right to discharge oneself at any time and to be discharged without restriction, having committed no offense.

11. The right to manage one’s own property and affairs with a legal advisor, if necessary, or if deemed incompetent by a court of law, to have a State appointed executor to manage such until one is adjudicated competent. Such executor is accountable to the patient’s next of kin, or legal advisor or guardian.

12. The right to see and possess one’s hospital records and to take legal action with regard to any false information contained therein which may be damaging to one’s reputation.

13. The right to take criminal action, with the full assistance of law enforcement agents, against any psychiatrist, psychologist or hospital staff for any abuse, false imprisonment, assault from treatment, sexual abuse or rape, or any violation of mental health or other law. And the right to a mental health law that does not indemnify or modify the penalties for criminal, abusive or negligent treatment of patients committed by any psychiatrist, psychologist or hospital staff.

14. The right to sue psychiatrists, their associations and colleges, the institution, or staff for unlawful detention, false reports, or damaging treatment.

15. The right to work or to refuse to work, and the right to receive just compensation on a pay-scale comparable to union or state/national wages for similar work, for any work performed while hospitalized.

16. The right to education or training so as to enable one better to earn a living when discharged, the right of choice over what kind of education or training is received.

17. The right to receive visitors and a minister of one’s own faith.

18. The right to make and receive telephone calls and the right to privacy with regard to all personal correspondence to and from anyone.

19. The right to freely associate or not with any group or person in a psychiatric institution, hospital or facility.

20. The right to a safe environment without having in the environment, persons placed there for criminal reasons.

21. The right to be with others of one’s own age group.

22. The right to wear personal clothing, to have personal effects and to have a secure place in which to keep them.

23. The right to daily physical exercise in the open.

24. The right to a proper diet and nutrition and to three meals a day.

25. The right to hygienic conditions and non-overcrowded facilities, and to sufficient, undisturbed leisure and rest.

American Psychiatric Association Apology Fails To Fully Admit Psychiatry’s Racial Human Rights Abuses and Role In Creating Racism

The American Psychiatric Association’s (APA) recent apology for its support of structural racism understates psychiatry’s racial human rights abuses and its long history of instigating racism by providing “rationales” that justified and perpetuated it.

Over the last 50 years, the Citizens Commission on Human Rights (CCHR) has exposed that sordid history and intensified its efforts last June by forming the Task Force Against Psychiatric Racism and Modern Day Eugenics. 

The APA’s apology, issued January 18, states: “The APA apologizes for our contributions to the structural racism in our nation….”

The APA further admits: “These appalling past actions, as well as their harmful effects, are ingrained in the structure of psychiatric practice….”

But the APA glosses over “those appalling past actions” by merely admitting that psychiatric “practitioners have at times subjected persons of African descent and Indigenous people who suffered from mental illness to abusive treatment, experimentation, victimization in the name of ‘scientific evidence,’ along with racialized theories that attempted to confirm their deficit status.”

That bare-bones admission fails to adequately portray the magnitude of psychiatrists’ role as prime instigators of “scientific racism,” creating and promoting the false theories of racial inferiority that have been widely used to “justify” the oppression, segregation, and population control of Black Americans.

It is noteworthy that in the late 1700s, psychiatry’s own “Father of American Psychiatry,” Dr. Benjamin Rush, a slave owner, created a medical justification for racism by claiming Blacks suffered from a disease called “negritude,” supposedly a form of leprosy, and recommended their segregation to prevent them from “infecting” others.  A logo with the image of Benjamin Rush is still used for APA ceremonial purposes and internal documents. The APA still gives a Benjamin Rush Award.

Psychiatrists in the American mental health movement later latched onto and promoted the false science of eugenics (from the Greek word eugenes, meaning “good stock”), which claims some humans are inferior to others and should not have children. 

Pushed by mental health practitioners, the eugenics idea of racial inferiority became ingrained in the U.S. and led to efforts such as Planned Parenthood founder Margaret Sanger’s plan to reduce the Black population through sterilization and the Ku Klux Klan’s white supremacist activities. 

Further, the APA’s brief confession of “experimentation [and] victimization” of people of color “who suffered from mental illness” not only downplays the barbaric psychosurgery and psychiatric experiments conducted on African Americans, but also fails to honestly admit that many subjects in these experiments were perfectly healthy.  Those experiments include:

  • In 1951, psychiatrist Walter Freeman experimented with lobotomies on Black patients at the Veterans Administration hospital in Tuskegee, Alabama, describing the procedure as “a surgically induced childhood.”  (A lobotomy is psychiatry’s surgical procedure of cutting into the brain to try to alter behavior.) 
  • In 1951, psychiatrist Walter Freeman experimented with lobotomies on Black patients at the Veterans Administration hospital in Tuskegee, Alabama, describing the procedure as “a surgically induced childhood.”  (A lobotomy is psychiatry’s surgical procedure of cutting into the brain to try to alter behavior.) 
  • In 1951, psychiatrist Walter Freeman experimented with lobotomies on Black patients at the Veterans Administration hospital in Tuskegee, Alabama, describing the procedure as “a surgically induced childhood.”  (A lobotomy is psychiatry’s surgical procedure of cutting into the brain to try to alter behavior.) 
  • In 1951, psychiatrist Walter Freeman experimented with lobotomies on Black patients at the Veterans Administration hospital in Tuskegee, Alabama, describing the procedure as “a surgically induced childhood.”  (A lobotomy is psychiatry’s surgical procedure of cutting into the brain to try to alter behavior.) 

The APA has not admitted practitioners’ role in creating the present-day mental health system of psychiatric labeling, forced psychiatric drugs and treatment, and incarceration in psychiatric facilities that enabled racist treatment. 

African Americans are disproportionately diagnosed with mental illness and disproportionately committed to psychiatric facilities.  They are more likely to be labeled with conduct disorder and psychotic disorders, especially schizophrenia, and overly prescribed antipsychotic drugs.  Black men are more likely to be prescribed excessive doses of these psychiatric drugs.  Black children are overly labeled with ADD/ADHD.

The APA is correct, therefore, in stating, “The APA is beginning the process of making amends….”  There is much, much further to go in publicly taking responsibility for psychiatrists’ essential role in instigating and perpetuating racism and for the human rights violations of its experiments and treatments.  

Until it does so, its incomplete apology may be viewed as political pandering and an attempt to whitewash history to pave the way for the psychiatric-pharmaceutical industry to expand – very profitably – into the African American community.

Please Sign CCHR’s Petition Demanding Investigation of Link Between Psychiatric Drugs And Violence

Image by Circe Denyer
Image by Circe Denyer

In all the speculation about what is causing the recent wave of shootings, the one thing they have in common has been largely ignored when it should be receiving urgent attention:  the shooters have received psychiatric treatment, which these days almost always means psychiatric drugs with known links to violence: 

  • From 2004 to 2011, over 12,700 reports of violent side effects from psychiatric drugs were reported to the FDA. (Only 1%-10% of side effects are ever reported to the FDA, so the actual number of violent side effects from these drugs could easily be 10 to 100 times higher.)
  • At least 14 school shootings were committed by individuals taking or withdrawing from psychiatric drugs.  (In other school shootings, the shooters’ mental health history was not made public.)
  • The New York State Senate recognized the violence-inducing side effects of psychiatric drugs as far back as 2000, citing “a large body of scientific research establishing a connection between violence and suicide and the use of psychotropic drugs.”  [Psychotropic drugs = mind-altering psychiatric drugs]

CCHR is calling on U.S. lawmakers to immediately open an investigation into the role of psychiatric drugs in school shootings and similar acts of violence, given that  supporting data has to date been ignored by the U.S. government and the mental health agencies.

Please click here to read and sign CCHR International’s petition calling for this investigation. 

Man Died in Restraints at Colorado State Psychiatric Hospital

CMHIP withholds data requested by the district attorney and county coroner

An obese man who died in the custody of the Colorado Mental Health Institute at Pueblo (CMHIP) suffocated while being restrained face down on a table. He may have been hog-tied.

Troy Allen Geske, 41, died August 10 at the psychiatric institution. An affidavit for a search warrant says that Geske died after he was put in four-point restraint, in which the feet are attached to the hands behind the back.

A spokeswoman for the Colorado Department of Human Services, which oversees the psychiatric facility, denied Geske was in four-point restraint. But Pueblo County District Attorney Bill Thiebaut said the information in the affidavit is corroborated by evidence that has been collected, including video of Geske in restraints, according to the Pueblo Chieftain:
http://chieftain.com/news/local/article_f75a23c2-b72f-11df-9494-001cc4c002e0.html
http://chieftain.com/news/local/article_59e5ca9c-b653-11df-8d64-001cc4c002e0.html

At 5-feet-8 and 265 pounds, Geske was at greater risk of “positional asphyxiation” when he was restrained on his stomach with his own weight pressing down on his lungs and diaphragm. Federal law requires constant, close monitoring of anyone face down in restraints to prevent suffocation.

The results of an autopsy and toxicology tests have not yet been released.

After Geske’s death, hospital police could have called in the 10th Judicial District’s critical incident team (CIT) for an independent investigation of the incident by a team of investigators from outside law enforcement agencies, but did not do so, according to the Pueblo Chieftain: http://chieftain.com/news/local/article_b4e5d92e-b7f1-11df-abf2-001cc4c002e0.html

The CIT investigates serious incidents involving police officers under an agreement to which CMHIP is a party. Hospital police were reportedly present when staff attempted to revive Geske.

CMHIP has also refused to turn over certain information requested by investigators. District Attorney Thiebaut says he will go to court if necessary to get information he believes his office is entitled to, according to the Chieftain.

For more than 40 years, the Citizens Commission on Human Rights has advocated against any form of psychiatric treatment that is torturous, cruel, inhuman or degrading, as laid out in its Mental Health Declaration of Human Rights.

Another Death at Troubled State Psychiatric Institution in Pueblo

Facility received 1,100 patient complaints in 2008-09, reported 11 patient deaths in 2009

Another person has died while in the custody of the Colorado Mental Health Institute at Pueblo (CMHIP), according to the Denver Post: http://www.denverpost.com/news/ci_15822489. The cause of death of 41-year-old Troy Allen Geske, who died several days ago, will not be known until an autopsy is complete.

His death is being closely followed because of recent revelations of other deaths at the psychiatric facility, including the suicide of Sergio Taylor.  An autopsy report indicated 23-year-old Taylor died of asphyxiation in September 2009 after complaining about conditions at the CMHIP.  He was found by law enforcement officers under blankets with a plastic bag over his head in a supposedly high-security area of the psychiatric facility.  About a month earlier, Taylor and 19 other patients had signed a petition that said, “The sense of hopelessness has set in….  History has shown here…that when patients are feeling bored, hopeless and warehoused, …assault and suicide attempts transpire.”

As a direct result of Taylor’s death and citing concerns that other patients could die, the Colorado Department of Health conducted an immediate investigation of CMHIP in October 2009, according to The Denver Channel (KMGH): http://www.thedenverchannel.com/print/24085289/detail.html. In its report, the health department found patients at the state hospital in Pueblo to be in “immediate jeopardy” and detailed serious errors by the institution’s staff.  The department conducted an unannounced inspection of the facility again this past May.

CALL7 investigators from The Denver Channel, who have been reporting on deaths at the state hospital for months, also uncovered the death of another patient of the CMHIP, whose death was never reported to the state health department by CMHIP.  Josh Garcia died after being overdrugged and neglected by staff at the psychiatric institution.  According to his family, Garcia was given a number of powerful psychiatric drugs and suffered serious adverse effects, including severe abdominal pain.  He complained to the staff but was ignored, according to his family.  By the time Garcia was taken to a hospital, it was too late.  His bowels burst, severe infection set in, and he was brain dead within hours.  His family sued and recently received a settlement from the state over his death.

The Colorado Legislative Audit Committee has also called for repeated investigations of the CMHIP in recent years, due to complaints it receives.  In a report released in December 2009, the Office of the State Auditor found numerous deficiencies in the operations of the CMHIP that compromised safety and proved costly to the state.  Among these deficiencies, the institution did not adequately record, investigate or resolve patient complaints.  For 25 percent of the 1,100 patient complaints relating to staff behavior and quality of treatment issues the facility recorded in fiscal years 2008 and 2009, the database did not even contain the names of the 270 staff members who were the subject of the complaints.  The report also revealed that there were 11 patient deaths at the facility last year, the highest number in the three years covered in the report.  How many of those were suicides, besides the suicide of Sergio Taylor, is unknown.  Another audit is underway currently, again at the request of state legislators, to determine if there are other patients who have died of neglect at the state psychiatric hospital.

The CMHIP also has a history of failing to keep the public safe from the mentally ill housed there who have been found not guilty by reason of insanity in connection with serious crimes.  Nine such patients escaped in 2009, with patient escapes at a three-year high.