Title: Mental Health Report Reveals Compulsory Community Treatment Orders Fall Short of Human Rights and Whānau Voices
The Te Hiringa Mahara – Mental Health and Wellbeing Commission has released a report today, highlighting the concerns and experiences of people in mental distress and their whānau regarding compulsory community mental health treatment. The report, titled The Lived Experiences of Compulsory Community Treatment Orders, sheds light on how individuals, families, and the Māori community feel marginalized and unheard in the processes that determine their treatment.
According to Hayden Wano, the chair of Te Hiringa Mahara, the use of compulsory community treatment orders goes against human rights principles and modern approaches to mental health. Wano urges changes to these practices, stating that the orders are not aligned with New Zealand’s Te Tiriti o Waitangi (Treaty of Waitangi) obligations and are ineffective in supporting individuals’ recovery.
Compulsory community treatment orders (CCTOs) are granted by a judge based on a clinician’s application. These orders not only allow for medicating individuals without their consent but also restrict their freedom of movement. However, individuals under a CCTO can still reside at home, work, and study.
The report reveals that forced treatment negatively impacts people’s trust in and engagement with mental health services, hindering their path to recovery. Surprisingly, the number of people subjected to CCTOs under the Mental Health Act has increased by 8% between 2017 and 2021. In 2021 alone, nearly 7,000 individuals were under compulsory treatment within their communities.
Furthermore, it is concerning that a higher proportion of Māori individuals are subject to CCTOs compared to other populations in Aotearoa. This inequitable use of orders is deemed unacceptable and calls for immediate attention and resolution.
As mental health laws are being rewritten, it is crucial that they adhere to Te Tiriti o Waitangi, human rights principles, and best practices to ensure individuals are empowered to make decisions about their treatment. However, since the new law won’t be implemented for several years, changes in cultural practices and other areas need to be made promptly, according to Mr. Wano.
This report underscores the necessity for a transformative shift in mental health treatment practices. It is crucial to prioritize the voices of individuals and their whānau in developing treatment plans that respect their rights and autonomy. By addressing the concerns raised in this report, New Zealand can work towards a mental health system that truly supports individuals on their journey to recovery.
By recognizing and rectifying the shortcomings of compulsory community treatment orders, New Zealand will ensure a mental health system that aligns with human rights standards, values cultural diversity, and respects individuals’ agency over their own well-being.
