Mental Health and Human Rights
Overview
Everyone has human rights, including people living with mental health challenges.
In Australia, mental health services and supports are guided by human rights principles such as dignity, equality, and respect.
Yet, for many mental health consumers, rights can sometimes feel confusing.
Understanding your rights and how they apply to your mental health can help you to make informed choices, advocate for yourself, and seek the support you deserve.
On this page, we explore what human rights mean when it comes to mental health, your rights as a consumer, some of the challenges people can face, and how you can advocate for yourself or someone else.
What are human rights?
The Australian Human Rights Commission defines human rights as:
“Human rights recognise the inherent value of each person, regardless of background, appearance, beliefs, or location.
They are based on the principles of dignity, equality, and mutual respect, shared across cultures, religions, and philosophies.
They are about being treated fairly, treating others fairly, and having the ability to make genuine choices in our daily lives.”
Positive human rights
We often hear about human rights only when something has gone wrong, such as discrimination or mistreatment. However, human rights are also active in positive ways.
Positive rights focus on the supports and conditions needed for a good life, such as access to healthcare, education, housing, and social security.
In mental health, positive rights include the right to quality care, recovery-oriented services, and participation in community life.
The Australian Charter of Healthcare Rights
Whether receiving treatment from a GP, community service, or in a hospital, the Australian Charter of Healthcare Rights states that every person, family, or significant other has the right to:
- Be included in decisions about care and treatment
- Ask questions
- Offer information that can assist the treating team in understanding the person’s needs
- Receive clear information about their health condition and treatment options
- Access their personal health records (procedures vary by service)
- Receive assistance to better understand the information provided
Mental Health Consumer Rights in Australia
If you are accessing mental health services in Australia, you have rights that are safeguarded by national and state legislation.
These include:
- The right to access quality services that promote wellbeing and recovery.
- The right to be informed about your care, treatment options, and choices.
- The right to participate actively in decisions about your care and support.
- The right to be treated with respect, dignity, and cultural sensitivity.
- The right to safety and protection from abuse, neglect, and exploitation.
These rights are outlined in documents like the Mental Health Statement of Rights and Responsibilities (2012) and reflected in each state and territory’s Mental Health Acts.
Your rights during hospital admission and treatment
The mental health care provided in hospitals across Australia is guided by standards established by the Australian Health Practitioner Regulation Agency (AHPRA) and the Australian Commission on Safety and Quality in Health Care.
These cover:
- Patient, family, and carer rights
- Assessment, treatment, and care processes
- Staff qualifications and training
- Regulation of seclusion and restraint
- Access to information, advocacy and support services
- Medication management
- Prevention of self-harm and suicide
- Safe transition planning from hospital to community care
Learn more: Your rights during hospital admission and treatment
Restrictive practices
In some cases, people with mental health challenges may receive care on an involuntary basis, meaning they are treated without their consent under mental health legislation.
“Restrictive practices refer to the implementation of any practice or practices that restrict an individual’s movement, liberty, and/or freedom to act independently without coercion or consequence.”
– National Mental Health Consumer & Carer Forum
In some cases, people with mental health challenges may receive care on an involuntary basis, meaning they are treated without their consent under mental health legislation.
Restrictive practices can include:
- Seclusion
- Mechanical restraint
- Chemical restraint
- Emotional restraint
- Environmental restraint
- Involuntary treatment
Restrictive practices can severely affect an individual’s autonomy, dignity, and well-being.
Restrictive practices should only be used as a last resort when there is no other safe option. Furthermore, any use of restrictive or coercive practices must be subject to clear, strict guidelines, oversight, and review.
Every state and territory in Australia has laws intended to balance individual rights with the necessity for urgent care. These laws specify:
- Clear criteria for involuntary treatment
- Safeguards to protect consumers
- Review processes to monitor decisions
National standards, including those under the NDIS, urge the reduction and elimination of restrictive practices wherever possible, acknowledging their significant impact on human rights.
Additionally, restrictive practices are not in accordance with the United Nations Convention on the Rights of Persons with Disabilities, which has concluded that there can be no therapeutic justification for their use in psychiatric facilities.
Guardianship and human rights
An important and often overlooked issue is the human rights of people under guardianship orders.
Guardianship is a legal process in which someone is appointed as a guardian to make personal and lifestyle decisions for another person who has been determined to be unable to make those decisions independently. These decisions can include where a person lives, medication, healthcare, and who they can have contact with.
This appointment is typically made by a court or tribunal.
When someone is placed under guardianship, they may lose the ability to make decisions about their healthcare, living arrangements, finances, and daily lives. Without strong safeguards and independent advocacy, they risk being excluded from decisions that deeply affect their lives.
“An area of human rights that is often not understood or discussed is a person’s human rights when they are under a Guardianship order. Often, no independent person supports them, and they can potentially lose the right to make any life choices. They have no avenue to have any say in what happens to them, which is of concern.”
— Finding North Co-Design Committee Member
Access to independent support, information, advocacy, and regular reviews is essential to protect dignity and uphold rights.
Learn more: What is advocacy & find an advocacy organisation near me?
Finding North Rights in Action
“When it comes to a person’s health, it is essential that there is no power imbalance, as consumers are aware of how they are feeling and what they are experiencing. There should be a full investigation of contraindicators and the whole health of the person, not just treating a mental health issue in isolation.”
– Co-Design Committee member
Mental health care should be grounded in equality, respect, and partnership. Human rights provide the foundation for this kind of respectful, person-centred care.
Finding North is proud to have secured a 3-year grant through the Department of Social Services’ Individual Capacity Building program to launch Finding North Rights in Action. This national initiative will support people with lived experience of mental health challenges to build confidence, advocacy skills, and community connection through:
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Peer-led online training
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A new Lived Experience Advocacy Speakers program
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Public webinars
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Our annual Perspectives online symposium (2025–2027)
Stay updated with Finding North’s latest events, news, and initiatives promoting rights and advocacy.