A disclosure by New Zealand’s Royal Commission has exposed a distressing past of mistreatment within its mental health and behavioral facilities impacting 200,000 children and vulnerable individuals.
“For some people it meant years or even decades of frequent abuse and neglect. For some it was a lifetime; for others, an unmarked grave,” the report stated.
This thorough investigation spanning six years with a price tag of $101 million has revealed the abuse and neglect that transpired under the pretext of mental healthcare. The revelations have reverberated globally, sparking calls of patients’ rights groups for improvements in mental health services worldwide, particularly in Europe.
Reality of sexual abuse, electric shocks, chemical restraints
The Royal Commissions publication titled “Whanaketia – Through pain and trauma from darkness to light” sheds light on a reality of sexual abuse, electric shocks, chemical restraints, medical trials and other forms of maltreatment. Survivors who have awaited recognition were finally assured by Prime Minister Christopher Luxon that “Your voices are heard and your experiences acknowledged.” The governments acknowledgment of these atrocities as torture marks a step towards justice and recovery for those affected.
“reality of sexual abuse, electric shocks, chemical restraints, medical trials and other forms of maltreatment”
The Citizens Commission on Human Rights (CCHR) in New Zealand has been instrumental in advocating for survivors and documenting abuses since 1977 including instances, like the therapy administered to children at the now shuttered Lake Alice Psychiatric Hospital.
“Many survivors died while under guardianship, or by suicide after receiving guardianship. For others, the effects of the abuse persist and worsen, making their daily activities and choices difficult,” the report adds. The country’s prime minister, Christopher Luxon, called it a “dark and sad day in New Zealand’s history as a society,” stating that “we should have done better, and I am determined that we will“, reports the BBC.
Survivors may receive compensation amounting to NZ$1.2 billion ( NZ$2 billion) shedding light on the magnitude of the injustice.
According to Jan Eastgate, President of CCHR International the report’s global ramifications are significant as similar abuses have been documented in the United States and other nations. We could mention Germany, France, Spain, Switzerland and others too. The inquiry’s conclusions echo those of a U.S. Senate inquiry into misconduct in behavioral institutions underscoring the pressing need for international reforms.
The revelations from New Zealand serve as a reminder of the potential for mistreatment within psychiatric healthcare systems.
Some of the New Zealand report recommendations
- Recommendation 33: The Ministry of Justice, Te Kura Kaiwhakawā Institute of Judicial Studies, NZ Police, the Crown Law Office, the New Zealand Law Society and other relevant legal professional bodies should ensure that investigators, prosecutors, lawyers, and judges receive education and training from relevant subject matter experts on:
a. the Inquiry’s findings, including on the nature and extent of abuse and neglect in care, the pathway from care to custody, and the particular impacts on survivors of abuse and neglect experienced in care
b. trauma-informed investigative and prosecution processes
c. all forms of discrimination
d. engaging with neurodivergent people …
e. human rights concepts, including the obligations under the Convention on the Rights of Persons with Disabilities, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Racial Discrimination, and the United Nations Declaration on the Rights of Indigenous Peoples. (page 123)
- Recommendation 34: NZ Police should review the Police Manual and other relevant material to ensure instructions and guidelines reflect and refer to Aotearoa New Zealand’s international human rights obligations and other relevant international law obligations (including the Convention on the Rights of Persons with Disabilities, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Racial Discrimination, and the United Nations Declaration on the Rights of Indigenous Peoples) (page 124)
- Recommendation 35: NZ Police should establish a specialist unit dedicated to investigating and prosecuting those responsible for historical or current abuse and neglect in care. (page 125)
Deaths and Unmarked Graves
- The Inquiry has not only received evidence of people dying in care but also of people in care being buried in unmarked graves. (Point 93, page 45) In 2014, a local historian identified 172 unmarked graves at Waitati Cemetery, Otago. About 85% of these graves are from former institutions such as Cherry Farm (psychiatric hospital) and Seacliff. The historian noted that the last burial was in 1983. (Point 98, page 45)
- The inquiry found Evidence of unmarked graves for patients who died at some psychiatric hospitals across Aotearoa New Zealand, particularly at Porirua, Tokanui and Sunnyside Hospitals. (Point 77c, page 54)
So, what do we do in Europe?
While Europe is a “contintent of fundamental rights”, we must not forget that many of the abuses (usually and wrongfully called treatments) that we read today in the inquiry started in the very Europe, specifically experimenting in Germany by psychiatrists in favour of Nazi politicians). It would then be logical to underscore the necessity for Europe to scrutinize its mental health practices and ensure that human rights remain paramount in care provision. This is where the World Health Organizations (WHO) QualityRights campaign comes into play.
The QualityRights initiative aims to enhance care quality and human rights standards, in health and social care facilities worldwide. It endeavors to revolutionize health services by advocating for practices that uphold human rights and enhance mental healthcare quality.
Europe with its healthcare systems and cultural contexts finds itself at a crucial juncture.
The lessons learned from the inquiry in New Zealand (and from the times of the Nazis) should inspire countries to embrace and put into action the WHO’s QualityRights guidelines. Here are some important steps that Europe can consider:
- Upholding Human Rights: It is vital for European nations to ensure that mental health services uphold and defend the rights of individuals dealing with health issues. This involves preventing any form of treatment and ensuring that care is given with dignity and respect.
- Empowerment and Advocacy: Empowering individuals with mental health challenges along with their families and communities is essential. By encouraging advocacy efforts and providing platforms for voices to be heard Europe can bring about changes in mental health care systems.
- Policy and Legal Frameworks: European countries should establish and enforce policies and laws that adhere to international human rights standards. This includes setting up mechanisms for accountability and addressing cases of abuse.
- Building Capacity: Offering training programs and resources to enhance the knowledge and skills of health professionals, service users and advocacy groups is crucial. This will ensure that care is provided in a way that respects human rights principles.
- Enhancing Services: Priority should be given to improving the quality of health services while being responsive to the needs and preferences of users. This involves transitioning from institutionalized care, to community based services that help individuals integrate into society.
- Community Centered Solutions: Embracing care models rooted in communities can help break down the settings that have long perpetuated abuse. By offering support in environments individuals can experience healthier and more rewarding lives.
Spanish Supreme Court Rules that exposing abuses is of general interest and much needed debate
In a verdict Spain’s Supreme Court upheld the value of educational initiatives led by the Citizens Commission on Human Rights (CCHR) acknowledging their crucial role in raising awareness about abuses in psychiatric practices. This decision highlights the importance of advocacy and education in bringing about change and safeguarding rights within mental health services.
The court’s ruling serves as a reminder of the impact that informed and empowered communities can make in challenging systemic mistreatment. By backing efforts that educate the public and prioritize transparency European countries can cultivate spaces where mental health treatment is not only ethical but also effective.
An alarm for urgent action
The recent inquiry in New Zealand has shed light on aspects of psychiatric care exposing harmful practices that should never be repeated. As Europe contemplates these revelations the WHO’s Quality Rights campaign provides a blueprint for improvement. By embracing these standards and drawing lessons from Spain‘s dedication to education and advocacy European nations can ensure that mental health services are not just efficient but uphold human rights principles and dignity.
By drawing insights, from New Zealand’s history and adopting the Quality Rights framework Europe has the potential to pave the path towards establishing a health care system that genuinely upholds and safeguards the rights of every individual, while eradicating at once all the existing abuses without hesitation.
