Research

Human rights of persons with mental illness in Indonesia: more than legislation is needed

I Irmansyah^1,4* , YA Prasetyo^2,4* and H Minas^3,4*

¹  Department of Psychiatry, University of Indonesia, Kimia II No 35, Jakarta, 10430, Indonesia

²  National Human Rights Commission, Jalan Latuharhari 4B, Menteng, Jakarta Pusat 10310, Indonesia

³  Centre for International Mental Health, Melbourne School of Population Health, University of Melbourne, Parkville, Victoria 3010, Australia

⁴  National Taskforce on Mental Health System Development in Indonesia, Indonesia

author email corresponding author email* Contributed equally

International Journal of Mental Health Systems 2009, 3:14doi:10.1186/1752-4458-3-14

Published:	19 June 2009

Abstract

Background

Although attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met.

Methods

We examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media.

Results

The focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness.

Conclusion

More than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness.