On The Right To Mental Health

The right of health is a fundamental human right which is indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity. The International Covenant on Economic, Social and Cultural Rights provides the most comprehensive articles on the right to health in international human rights law. In accordance with article 12.1 of the Covenant, States parties recognize "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health". That is to say that everyone should enjoy the right to physical health and the right to mental health. But researches on the right to health are focused on the right to physical health theoretically or practically so that the right to mental health are often ignored. In reality, the problems of mental health have become one of threat to everyone's life. Some people even maintained that human have entered the times of psychological disease.We contend that the process of modernization is contributed to the severe problems of mental health. When mental health problems over a certain limit of human survival, the state should provide some help as people like the people's survival. After World War II, such a positive conditions for the protection of citizens to survive basic characteristics of survival theory are recognized by Constitution and increasingly internationalized. The right to mental health is a social right. Specifically, it is a right of the need for the state to provide active help while social change on people's psychological system adaptability and affordability of the impact exceeded its positive response. The right to mental health is the access to all kinds of facilities, services and preconditions needed for the enjoyment of the highest attainable standard of living, which are most provided by the country. Mental health is an important part of the right to health, and is a human on the basis of a higher level of demand for basic rights.This paper attempts to explain the right to mental health is a human right and everyone should have the basic right from a macro perspective. Specifically, this paper intends to explore the right to mental health of concept, nature, national obligations and realization from international human rights law and constitutional perspective.