Mental Health and Human Rights: Brazil and the Inter-American Court of Human Rights Jurisprudence

Abstract

International human rights instruments are important to mental health as a source of international scrutiny of mental health policies and practices. Nevertheless, people with mental illnesses continue to have their rights violated in different settings and situations. The aim of this research was to bring to light human rights violations targeting persons with mental illness judged by the Inter-American Court of Human Rights (IACHR), focusing on countries that ratified or adhered to the American Convention on Human Rights and accepted the jurisdiction of IACHR. Data were collected at the IACHR site through the reading of the Court’s judgments. The research resulted in the case of Damião Ximenes Lopes v. Brazil, which was analysed based on the international and regional human rights framework, specifically focusing on the right to health and mental health, highlighting the intersection between this framework and the mental health law, policies and services in Brazil.