A/76/380 ability, capacity for “new learning” and memory. 168 In Rennie v Klein, another court concluded that the plaintiff’s forced medication violated the “emerging right of privacy” including the “right to protect one’s mental processes from governmental interference”. 169 81. For people with certain mental conditions, one individual submits that treatment for mental health is necessary for “restoring” one’s free dom of thought (e.g., if one experiences delusions). 170 Yet, with concern, the Special Rapporteur highlights reports that bias, prejudice and discrimination, contrary to article 2 of the International Covenant on Civil and Political Rights, often make certain groups more susceptible to forced treatment. In the European Union, 171 the United Kingdom 172 and the United States, 173 racial or ethnic minorities reportedly experience disproportionately high rates of compulsory admission, seclusion or heavy medication. According to the World Health Organization (WHO), individuals are mostly institutionalized because of a “serious likelihood of immediate or imminent danger” and their “need for treatment”. 174 A former Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health has expressed concern over subjectivity of the “dangerousness” criteria, because those decisions are “often based on inappropriate prejudice, rather than evidence”. 175 82. Some civil society members campaign to minimize or abolish forced treatment for mental health conditions, while others emphasize that it remains necessary in limited circumstances. The Human Rights Committee, in its general comment No. 35 (2014), observes that the practice may be “necessary and proportionate” to protect “the individual […] from serious harm or preventing injury to others”, 176 but only as “a measure of last resort”, applied for the “shortest appropriate period of time” and accompanied by “adequate procedural and substantive [legal] safeguards”. 177 The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment emphasizes that forced treatment is open to abuse and may constitute arbitrary detention, but withholding forced treatment also may amount to cruel, inhuman or degrading treatment or punishment. 178 G. Conversion practices 83. The Special Rapporteur acknowledges that everyone has some form of sexual orientation or gender identity, which can be an intrinsic part of an individual’s identity. 179 The Special Rapporteur further echoes his colleagues’ concerns regarding conversion practices, which are not only ineffectual, but also harmful and undermine __________________ 168 169 170 171 172 173 174 175 176 177 178 179 21-14191 See https://socialchangenyu.com/wp-content/uploads/2017/12/Jay-Alexander-Gold_RLSC_ 4.2.pdf, pp. 207 and 210. See https://law.justia.com/cases/federal/district-courts/FSupp/462/1131/2142341/. Consultation on legal framework. See https://fra.europa.eu/sites/default/files/inequalities-discrimination-healthcare_en.pdf, pp. 61–75. See https://www.cqc.org.uk/sites/default/files/documents/count_me_in_2010_final_tagged.pdf , p. 22; and thelancet.com/journals/lanpsy/article/PIIS2215-0366(19)30027-6/fulltext, p. 1. See https://omh.ny.gov/omhweb/resources/publications/aot_program_evaluation/report.pdf, pp. 13–16. See https://ec.europa.eu/health/sites/default/files/mental_health/docs/who_resource_book_en.pdf , p. 49. A/HRC/35/21, para. 64. Human Rights Committee, general comment No. 35 (2014) on liberty and security of person (CCPR/C/GC/35), para. 19. Ibid. CAT/OP/27/2, paras. 9 and 15. A/HRC/35/36, para. 2. 23/28