6
16. That the representatives recognized the progress made regarding public policies
on mental health. That notwithstanding, they stated that the psychiatric reform in
Brazil should be performed promptly, with ongoing and effective investment for
training mental health workers and providing social control through monitoring and
actual de-registration from the Single Health System (SUS) of the psychiatric
institutions that systematically continue violating human rights. The representatives
stated that there have been new cases of torture and death in public network hospitals
providing mental health services as a result of negligence or acts of violence by the
professionals who work at those institutions. As to training measures, they stated that
multi-disciplinary education of the professionals in charge of addressing psychiatric
emergencies at general hospitals is not satisfactory. They remarked the lack of public
investment for training and education of technical teams and mental health
professionals, mainly those working at Psychosocial Assistance Centers, who are not
subject to a systematic assessment, and the hospitals that have signed agreements
with the SUS, which offer "terrible quality" service and "constitute the main human
right infringing institutions" for individuals suffering from mental disability. Resources
and public investment in training are not sufficient to cover the needs of the various
states of the country in a regular manner, hence promoting regional imbalance and
scarce knowledge of public policy regarding mental health. They also noted that,
despite the request of the Court, the State did not specify the results and content of
the training programs promoted by the universities and agreements of the Ministry of
Health. Therefore, the representatives requested the Court to continue monitoring
compliance with the Judgment and to recommend the State to allow access by
petitioners to the public information regarding such compliance.
17.
That the Commission restated its acknowledgment of the measures adopted by
the State in order to guarantee that the human rights of individuals with mental
disabilities are respected. In that sense, the Commission reaffirmed “the importance of
allowing the Inter-American System to rely on information as to the purpose and terms
of compliance with the [aforementioned] psychiatric reform to refer to compliance with
the criteria set forth by the Court in the instant case”.
18.
The Court would like to remind that the instant stage to monitor compliance
refers to the efforts made by Brazil to continue developing a training and education
program for all those involved in the provision of mental health services, particularly
regarding the principles that should govern the treatment given to individuals suffering
from mental disabilities, pursuant to international standards on the field and those set
forth in the Judgment.
19.
The Tribunal, in its Order to monitor compliance of May 2, 2008, requested the
State to report specifically, among all existing activities, on those training initiatives
whose content relates to the aspects contained in the Judgment, and the scope of
those initiatives in terms of the staff benefiting thereunder.6 Moreover, the Court also
requested that the information should refer, in particular, to the training of staff
involved in the provision of mental health services at institutions similar in nature to
those where the violation of the instant case occurred; i.e. psychiatric hospitals.7
6
Cf. Case of Ximenes-Lopes v. Brazil. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of May 2, 2008, Considering clause No. 20.
7
Cf. Case of Ximenes-Lopes, supra note 6, Considering clause No. 19.