A New Zealand Royal Commission disclosure has revealed a harrowing history of abuse within its mental and behavioural health facilities, affecting 200,000 children and vulnerable people.
“For some, it meant years, even decades, of frequent abuse and neglect. For some, it was a lifetime; for others, an unmarked grave,” the report said.
The in-depth, six-year, $101 million investigation exposed abuse and neglect that took place under the guise of mental health care. The revelations had global repercussions, prompting calls from patient rights groups for improved mental health services around the world, including in Europe.
Reality of sexual abuse, electric shocks, chemical restraints
The Royal Commission’s publication, “Whanaketia – Through Pain and Trauma, From Darkness to Light,” shines a light on the reality of sexual abuse, electric shocks, chemical restraints, medical trials and other forms of ill-treatment. Survivors who have been waiting to be acknowledged have finally been assured by Prime Minister Christopher Luxon that “your voices are being heard and your experiences are being acknowledged.” The government’s recognition of these atrocities as torture marks a step towards justice and recovery for those affected.
“reality of sexual abuse, electric shocks, chemical restraints, medical trials and other forms of mistreatment”
The Citizens Commission on Human Rights (CCHR) in New Zealand has been instrumental in advocating for survivors and victims, documenting abuse since 1977, including cases such as the therapy given to children at the now-closed Lake Alice psychiatric hospital.
“Many survivors have died in care or committed suicide after being placed in care. For others, the effects of abuse persist and worsen, making their daily activities and choices difficult,” the report added. The country’s prime minister, Christopher Luxon, called it a “dark and sad day in the history of New Zealand society,” saying that “we should have done better, and I am determined to do so,” the BBC reported.
Survivors could receive compensation of up to NZ$1.2 billion (NZ$2 billion), highlighting the scale of the injustice.
According to Jan Eastgate, president of CCHR International, the global ramifications of the report are significant since similar abuses have been documented in the United States and other countries, including Germany, France, Spain, Switzerland and others. The findings echo those of a U.S. Senate investigation into institutional misconduct, underscoring the urgent need for international reform.
The New Zealand revelations are a reminder of the potential for abuse within mental health care systems.
Some of the recommendations of the New Zealand report
Recommendation 33: The Ministry of Justice, Te Kura Kaiwhakawā Institute of Judicial Studies, the New Zealand Police, the Crown Law Office, the New Zealand Law Society and other relevant legal professional bodies should ensure that investigators, prosecutors, lawyers and judges receive education and training in relevant subject matter experts in:
a. the findings of the investigation, including the nature and extent of abuse and neglect while in care, the pathway from care to detention, and the particular impacts on survivors of abuse and neglect while in care
b. trauma-informed investigation and prosecution process
c. all forms of discrimination
d. interacting with neurodivergent people…
e. human rights concepts, including obligations under the Convention on the Rights of Persons with Disabilities, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Racial Discrimination, and the United Nations Declaration on the Rights of Indigenous Peoples. (page 123)
Recommendation 34: The New Zealand Police should review the police manual and other relevant documents to ensure that instructions and guidelines reflect and reference Aotearoa New Zealand’s international human rights obligations and other relevant international law obligations (including the Convention on the Rights of Persons with Disabilities, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Racial Discrimination and the United Nations Declaration on the Rights of Indigenous Peoples) (page 124) Recommendation 35: The New Zealand Police should establish a specialist unit to investigate and prosecute those responsible for past or current care abuse and neglect. (page 125)
Deaths and anonymous graves
The inquiry not only received evidence of people dying while in care, but also of people buried in unmarked graves. (Point 93, page 45) In 2014, a local historian identified 172 unmarked graves at Waitati Cemetery in Otago. About 85% of these graves were from former institutions such as Cherry Farm (a mental hospital) and Seacliff. The historian noted that the last burial was in 1983. (Point 98, page 45) The inquiry found evidence of unmarked graves of patients who died in some mental hospitals in Aotearoa New Zealand, particularly Porirua, Tokanui and Sunnyside hospitals. (Point 77c, page 54)
So what are we doing in Europe?
While Europe is a “fundamental rights content”, it should not be forgotten that many of the abuses (usually and wrongly called treatments) that we read about today in the investigation started in Europe itself, experimented in particular in Germany by psychiatrists in favour of Nazi politicians). It would then make sense to stress the need for Europe to examine its mental health practices and ensure that human rights remain paramount in the provision of care. This is where the World Health Organization (WHO) Quality Rights campaign comes in.
The QualityRights initiative aims to improve the quality of care and human rights standards in health and social care settings around the world. It strives to revolutionize health services by advocating for practices that respect human rights and improve the quality of mental health care.
Europe, with its health systems and cultural contexts, is at a crucial juncture. The lessons learned from the New Zealand inquiry (and from the Nazi era) should inspire countries to adopt and implement the WHO QualityRights guidelines. Here are some important steps Europe can consider:
Upholding human rights: It is essential that European nations ensure that mental health services respect and uphold the rights of people facing health problems. This means avoiding any form of treatment and ensuring that care is provided with dignity and respect. Empowerment and advocacy: It is essential to empower people with mental health problems, as well as their families and communities. By encouraging advocacy efforts and providing platforms for voices to be heard, Europe can bring about change in mental health care systems. Policy and legal frameworks: European countries should establish and implement policies and laws that comply with international human rights standards. This includes establishing accountability mechanisms and addressing cases of abuse. Capacity building: It is crucial to provide training programmes and resources to improve the knowledge and skills of health professionals, service users and advocacy groups. This will ensure that care is delivered in a manner that respects human rights principles. Improving services: Priority should be given to improving the quality of health services while being responsive to the needs and preferences of users. This involves moving from institutionalised care to community-based services that help individuals integrate into society. Community-centred solutions: Adopting models of care that are rooted in communities can help break down the contexts that have long perpetuated abuse. By providing support in environments, individuals can live healthier and more fulfilling lives.
Spanish Supreme Court says exposing abuse is in the public interest and requires essential debate
In a verdict, the Spanish Supreme Court has confirmed the value of the educational initiatives carried out by the Citizens’ Commission for Human Rights (CCHR), recognizing their crucial role in raising awareness of abuses in psychiatric practices. This decision highlights the importance of advocacy and education to bring about change and safeguard rights within mental health services.
The court’s decision is a reminder of the impact that informed and empowered communities can have by challenging systemic abuse. By supporting efforts to educate the public and prioritize transparency, European countries can create spaces where mental health treatment is not only ethical but also effective.
An alarm for urgent action
The recent investigation in New Zealand has shone a light on aspects of mental health care, revealing harmful practices that should never be allowed to happen again. As Europe reflects on these revelations, WHO’s Quality Rights campaign provides a blueprint for improvement. By adopting these standards and learning from Spain’s dedication to education and advocacy, European nations can ensure that mental health services are not only effective, but uphold the principles of human rights and dignity.
By drawing inspiration from New Zealand’s history and adopting the Quality Rights Framework, Europe has the potential to lead the way in establishing a healthcare system that truly upholds and protects the rights of every individual, while immediately and without hesitation eradicating all existing abuses.
Originally published in The European Times.
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