Presentation to Ontario Shores

October 4, 2012 Ontario Human Rights

Commission

Human Rights and Mental Health

Presentation overview

o Report on the consultation on human rights and mental health

o Mental health and employment

o The human rights system

Minds That Matter

Report on the consultation on human rights, mental health and addictions

The role of the OHRC

The over-arching functions of the OHRC are:

1.To promote and advance respect for human rights

2.To protect human rights

3.To protect the public interest and identify and promote the elimination of discriminatory practices

The Ontario Human Rights Code

o Protects people from discrimination based on 17 Code grounds

o People with mental health disabilities and/or addictions protected from discrimination and harassment under the ground of “disability” in five social areas, including:

o Housingo Employmento Services

Purpose of the consultation

o To listen to the human rights concerns affecting people with mental health disabilities or addictions across Ontario

o To prepare for the policy on human rights, mental health and addictions

o To identify areas for change and make recommendations

Human rights protections

o Ontario Human Rights Code

o Canadian Charter of Rights and Freedoms

o UN Convention on the Rights of Persons with Disabilities

What we heard

Stereotyping

o People reported stereotyping based on assumptions of risk, incapacity and other assumptions

o Intersects with other Code grounds

o Media portrayals

o Impact of stereotyping

Socio-economic status

o High rates of poverty reported

o Adverse effect on people with mental

health or addiction disabilities

o Social assistance rates and affordable housing

Intersecting Code grounds

o Other disabilities o Sexual orientationo Sexo Gender identity

o Race and related grounds

o Aboriginal Peoples o Age o Receipt of public

assistance (in housing)

o Unique experiences of discrimination o Impact: discrimination on mental health o Mental health, addictions and:

Forms of discrimination

o Direct discrimination o Profiling based on mental health or

addictions o Failure to accommodate o Harassment and poisoned

environment o Adverse effect policies and practiceso Systemic discrimination

The duty to accommodate

o Understanding the duty to accommodate

o Inclusive design of employment, rental housing, services: AODA

o Principles: dignity (privacy and confidentiality, autonomy), responding to individual needs, full inclusion

Additional concerns

o Mental health services & the mental health sector

o Making complaints and enforcing rights

o Need for advocacy

Recommendations

o Provide education o Develop or enhance human rights

policies and procedures, including complaint procedures

o Remove barriers that cause human rights concerns

o Meet international obligations under the UN Convention on the Rights of Persons with Disabilities

OHRC commitments

o Policy development and public education

o Further research o Seek partnerships, do public interest

inquiries, seek legal remedies in the public interest

o Raise human rights concerns with responsible bodies

o Assist where possible in implementing recommendations

Mental Health and Employment

Employment

o People protected from discrimination and harassment in employment based on 17 Code grounds

o Broadly defined o Some areas may not be covered under

“employment”: rehabilitative programs

o Includes the duty to accommodate people’s disabilities in employment

Special employment programs

o Special programs (s.14 of the Code) o Employment equity o Consumer/survivor initiativeso Supported employment

o Special employment (s.24 of the Code)o Peer support roles o Addiction counselors, etc.

Positives

o Addresses historical disadvantage and systemic issues that bar employment

o Gets people working o Employment supports often offeredo Focuses on mainstream work o Uses people’s unique skills and

experiences based on disability

Concerns raised

o Underfunded positions o Different terms and conditions than

other workers o Lack of accommodation o Inappropriate disclosure of

disability/demands for information o Work that is not meaningful

Example

o An employer sets up a program where they hire people with mental health disabilities coming out of general hospitals. The employer trains people for a period of up to 6 weeks, which is unpaid, to see if they are a good “fit”, and puts them on probation for 4 months. Other employees have probation periods of 3 months and are paid for training.

Example

o A supported employment agency assists in locating and placing people with psychosocial disabilities in work. One employer decides that the person cannot do the essential duties of the job due to their disability, ends the contract and sends them back to the employment agency. The agency tries to find the person another position.

Example

o A supported employment agency assists with accommodation of an employee with a mental health issue at work. To trigger accommodation, the employer says that it needs to know the person’s diagnosis, and wants to speak to the person’s psychiatrist.

Example

o Someone receives a criminal record for a minor offence because of behaviour related to a mental health crisis that occurred five years previously. The person has had no arrests or convictions. Private and social housing providers ask for a criminal record check, and deny the person housing.

Using the human rights system

o Complaints (applications) can be filed at the HRTO o Individual applications o Group applications o Agencies can file applications

o Human Rights Legal Support Centre o Inquiry line o Assistance with applications, mediation,

hearings

Resources

o Your rights and responsibilities under the Human Rights Code

o Minds that Matter o Policy and guidelines on disability and

the duty to accommodate o Human rights at work o Policy on human rights and rental

housing o Mental health theme page

www.ohrc.on.ca