Mental Health for Migrants: A Human Rights Issue?

Abstract

Within human rights bodies, mental health in the context of migration hardly constitutes a central theme. However, it is not altogether overlooked; elements of migrants' mental wellbeing are indirectly addressed, notably in relation to ill-treatment, the right to family life, non-discrimination, and equality, among others. This contribution brings together these sparse references and examines whether legal standards can be further developed at the intersection of mental health, migration, and the broader human rights framework. Drawing upon developments from the European Convention on Human Rights - as interpreted by the European Court of Human Rights and complemented by standards of the Committee for the Prevention of Torture - along with the UN Convention on the Rights of Persons with Disabilities and its monitoring committee, the contribution provides a joint framework. It synthesises human rights standards and puts forward concrete recommendations for States to comply with obligations under these instruments and beyond.