1
Associate Professor, public law, shahid Beheshti University, Tehran, Iran.
2
shahid beheshti university, tehran, iran
Abstract
In the sight of the World Health Organization, mental health is a concept that goes beyond the absence of mental disorders and includes the perception of self-efficacy, and self-actualization of potential intellectual and emotional abilities, which is considered the fundamental right of everyone. This organization expresses the benefit of all people from the highest attainable standard of health as its goal. The special position of this right is also identified in Article 12 of the Covenant of Economic, Social and Cultural Rights. However, the desired result of everyone enjoying the right to mental health cannot be achieved by simply identifying it, and untying the knots of this path requires positive measures. The only way to guarantee this right is to accept the responsibility of the government and the obligation towards it. From the point that governments with their actions can take steps in order to provide facilities and conditions for the realization of this right; In this article, while explaining the concept of the right to mental health and examining the international documents related to it, we discuss the obligations of the government in order to realize and actualize it. The findings of this research show that governments use their facilities and resources in order to realize this right and implement it according to the policies and legislation in this direction. Governments can guarantee the right to mental health by approving international documents and establishing internal laws and monitoring their implementation and provide a solution to reduce the crises caused by mental problems in the society. Key words: right to mental health, obligations of governments, World Health Organization, health rights system
