While the Covid-19 pandemic has made the shortcomings in guaranteeing the right to mental health even more glaring, it has also provided the international community with reasons to ensure that the right is respected, protected, and fulfilled, say the authors.
Authors
Sanskriti Sanghi, Lecturer, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Raushan Tara Jaswal, Lecturer, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
As of 2020, close to 1 billion people are living with mental disorders. The COVID-19 pandemic has revealed and intensified the shortcomings in guaranteeing the right to mental health, particularly of the marginalized.
The article discusses the international human rights framework with the endeavour of highlighting the non-derogability of the right and the obligations imposed on States in pursuance of it. By discussing the Indian experience, the article exemplifies that, despite greater normative clarity, practice has not been brought into conformity in most States, resulting in pre-existing lacunae being amplified during the pandemic.
The article proceeds to outline recommendations for States to consider by treating India as a global reference. The overarching conclusion is that while the pandemic has made it even more apparent that the implementation of the rights-framework is deficient, it has also provided an opportunity to advance which can only be availed by operationalizing this framework.
Published in: Asian Journal of International Law
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