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 ...
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 pr...
The Ontario Human Rights Code
o Protects people from discrimination based
on 17 Code grounds
o People with mental health d...
Purpose of the consultation
o To listen to the human rights concerns
affecting people with mental health
disabilities or a...
Human rights protections
o Ontario Human Rights Code
o Canadian Charter of Rights and Freedoms
o UN Convention on the Righ...
What we heard
Stereotyping
o People reported stereotyping based on
assumptions of risk, incapacity and other
assumptions
o Intersects wi...
Socio-economic status
o High rates of poverty reported
o Adverse effect on people with mental
health or addiction disabili...
Intersecting Code grounds
o Other disabilities
o Sexual orientation
o Sex
o Gender identity
o Race and related grounds
o A...
Forms of discrimination
o Direct discrimination
o Profiling based on mental health or
addictions
o Failure to accommodate
...
The duty to accommodate
o Understanding the duty to accommodate
o Inclusive design of employment, rental
housing, services...
Additional concerns
o Mental health services & the mental
health sector
o Making complaints and enforcing rights
o Need fo...
Recommendations
o Provide education
o Develop or enhance human rights policies
and procedures, including complaint
procedu...
OHRC commitments
o Policy development and public education
o Further research
o Seek partnerships, do public interest
inqu...
Mental Health and
Employment
Employment
o People protected from discrimination and
harassment in employment based on 17 Code
grounds
o Broadly defined
...
Special employment programs
o Special programs (s.14 of the Code)
o Employment equity
o Consumer/survivor initiatives
o Su...
Positives
o Addresses historical disadvantage and
systemic issues that bar employment
o Gets people working
o Employment s...
Concerns raised
o Underfunded positions
o Different terms and conditions than other
workers
o Lack of accommodation
o Inap...
Example
o An employer sets up a program where they
hire people with mental health disabilities
coming out of general hospi...
Example
o A supported employment agency assists in
locating and placing people with
psychosocial disabilities in work. One...
Example
o A supported employment agency assists
with accommodation of an employee with a
mental health issue at work. To t...
Example
o Someone receives a criminal record for a
minor offence because of behaviour related
to a mental health crisis th...
Using the human rights system
o Complaints (applications) can be filed at the
HRTO
o Individual applications
o Group appli...
Resources
o Your rights and responsibilities under the
Human Rights Code
o Minds that Matter
o Policy and guidelines on di...
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  • In reporting our results, it is important to consider that this is what we heard...
  • If other probationary employees without mental disabilities are paid during their training period, this likely represents unequal treatment of the employees in the special program. It could also contravene employment standards legislation.
  • Minds that matter - ontario shores presentation

    1. 1. Presentation to Ontario Shores October 4, 2012 Ontario Human Rights Commission Human Rights and Mental Health
    2. 2. Presentation overview o Report on the consultation on human rights and mental health o Mental health and employment o The human rights system
    3. 3. Minds That Matter Report on the consultation on human rights, mental health and addictions
    4. 4. 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
    5. 5. 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 Housing o Employment o Services
    6. 6. 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
    7. 7. 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
    8. 8. What we heard
    9. 9. 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
    10. 10. 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
    11. 11. Intersecting Code grounds o Other disabilities o Sexual orientation o Sex o 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:
    12. 12. 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 practices o Systemic discrimination
    13. 13. 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
    14. 14. Additional concerns o Mental health services & the mental health sector o Making complaints and enforcing rights o Need for advocacy
    15. 15. 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
    16. 16. 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
    17. 17. Mental Health and Employment
    18. 18. 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
    19. 19. Special employment programs o Special programs (s.14 of the Code) o Employment equity o Consumer/survivor initiatives o Supported employment o Special employment (s.24 of the Code) o Peer support roles o Addiction counselors, etc.
    20. 20. Positives o Addresses historical disadvantage and systemic issues that bar employment o Gets people working o Employment supports often offered o Focuses on mainstream work o Uses people’s unique skills and experiences based on disability
    21. 21. 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
    22. 22. 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.
    23. 23. 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.
    24. 24. 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.
    25. 25. 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.
    26. 26. 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
    27. 27. 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
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