Declaration on the Rights of Mentally Retarded Persons

A/RES/2856(XXVI)No PDF available

Who created this mandate?

A Resolution of the General Assembly, published in 1972.

What subjects does this mandate have?

8 topics

Declarations (Text)Due Process of Law Economic Security Human Rights Medical Treatment Persons with Mental Disabilities Right to Education Right to Work

What does this mandate say?

8 operative paragraphs

Proclaims this Declaration on the Rights of Mentally Retarded Persons and calls for national and intemational action to ensure that it will be used as a common basis and frame of reference for the protection of these rights:

The mentally retarded person has, to the maximum degree of feasibility, the same rights as other human beings.

The mentally retarded person has a right to proper medical care and physical therapy and to such education, training, rehabilitation and guidance as will. enable him to develop bis ability and maximum potentlal.

The mentally retarded person has a right to economic security and to a decent standard of living.

He has a right to perform productive work or to engage in any other meaningful occupation to the fullest possible extent of bis capabilities.

Whenever possible, the mentally retarded person should live with bis own family or with foster parents and participate in different forms of community life. The family with which he lives should receive assistance. If care in an institution becomes necessary, it should be provided in surroundings and other circumstances as close as possible to those of normal life.

The mentally retarded person has a right to a qualified guardian when this is required to protect bis personal well-being and interests.

The mentally retarded person has a right to protection from exploitation, abuse and degrading treatment. If prosecuted for any offence, he shall

have a right to due process of law with full recognition being given to bis degree of mental responsibility.

Whenever mentally retarded persons are unable, because of the severity of their handicap, to exercise a11 their rights in a meaningful way or it should become necessary to restrict or deny sorne or a11 of these rights, the procedure used for that restriction or denial of rights must contain proper legal safeguards against every form of abuse. This procedure must be based on an evaluation of the social capability of the mentally r~tarded p~rs~n by qualified experts and must be subJect to penod1c review and to the right of appeal to higher authorities.

20 December 1971.

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Who created this mandate?

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What does this mandate say?

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