Helsinki Citizens' Assembly-Vanadzor

Alternative Report on Implementation of the UN Convention on the Rights of Persons with Disabilities with a focus on mental health (the second and third periodic reports of the Republic of Armenia)

January 28, 2025

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Since 2007, Helsinki Citizens’ Assembly-Vanadzor has been studying the state of the rights of persons with psychosocial and intellectual disabilities, raising current issues and conducting advocacy to overcome them. The Organization also provides free legal aid and represents persons with psychosocial and intellectual disabilities in court.

 

The report is compiled by the Helsinki Citizens’ Assembly-Vanadzor non-governmental organization. In 2014, the Organization presented the UN Committee on the Rights of Persons with Disabilities an alternative report on the state of rights of persons with psychosocial and intellectual disabilities in the Republic of Armenia, which was followed by recommendations on the list of problems specified in the first report of the Republic of Armenia.

 

Below are the successful reforms - aimed at ensuring rights of persons with psychosocial and intellectual disabilities - made after presentation of the State report to the Committee on the Rights of Persons with Disabilities and publication of the Committee’s concluding observations:

 

 

 

  • A public monitoring group has been formed to conduct regular monitoring in psychiatric institutions, in accordance with the procedure established by the RA Law "On Psychiatric Aid and Service",

  • On January 30, 2020, the RA Constitutional Court made a decision to recognize anti-constitutional provisions of a number of the Republic of Armenia laws not guaranteeing informed consent of minors and persons recognized incapacitated regarding their medical interventions,

  • On May 5, 2021, the RA Law “On rights of persons with disabilities” was adopted

  • On June 8, 2022, by order of the Minister of Health of Armenia, the 2022-2026 Action Plan for the Maintenance and Promotion of Mental Health was approved.

  • On November 16, 2022, the Optional Protocol to the Convention on the Rights of Persons with Disabilities was ratified.

 

The main reforms relate to the legislative framework, whereas the practical steps necessary to ensure the rights of persons with psychosocial and intellectual disabilities are delayed. Particularly

 

  • very few rights-based and needs-based services have been introduced,

  • there is a great need for mental health specialists, especially in the provinces in the Republic of Armenia,

  • the practice of recognizing persons incapacitated, as well as involuntary hospitalization and treatment continues,

  • the Republic of Armenia`s Law “On ensuring legal equality” has not been adopted.

 

Moreover, the state is regressing in terms of ensuring the protection of rights of persons with psychosocial and intellectual disabilities, inter alia, by terminating the activity of the public monitoring group in care facilities and introducing the idea of limited legal capacity.

 

The Mental Health Maintenance and Improvement Strategy was in  effect in the Republic of Armenia from 2014 to 2019, but it was not implemented successfully. Issues regarding the rights of persons with psychosocial and intellectual disabilities were not addressed. Particularly, affordable and quality mental health services and community-based services that meet  the needs were not provided. Efforts to involve specialists and build capacity were neither effective nor targeted. Additionally, the public awareness campaigns about psychosocial and intellectual disabilities were not successful, as demonstrated by the persistent stigma and discriminatory attitudes among both the government officials and the general public.

 

Three years later, in 2022, as a result of the advocacy and active involvement of civil society organizations, the Action Plan for the Maintenance and Promotion of Mental Health was approved. The Action Plan was approved by order of the Minister of Health of the Republic of Armenia rather than by a government decree, which provides a higher legal status. This lower-level approval increases the risk of inconsistent implementation and challenges to its authority. As of the last quarter of 2024, we can record that the state does not allocate sufficient financial resources for the implementation of the program relying mainly on the efforts and resources of civil society organizations.

 

Suggested questions:

  • How much financial resources are planned to be allocated for the implementation of the Program of Measures for the Maintenance and Promotion of Mental Health for 2025-2026?

  • What mechanisms are in place to assess effectiveness of training and awareness raising actions aimed at elimination of discriminatory attitudes?

 

See “Alternative Report on Implementation of the UN Convention on the Rights of Persons with Disabilities with a focus on mental health (the second and third periodic reports of the Republic of Armenia)"  HERE.

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