RACHEL GERARDI: Thank you everyone, for being here today. My name is Rachel Gerardi. I'm the co-director of the Disabled Student Cultural Center. We're partnering today with the University of Minnesota Program in Human Rights and Health. Minnesota advocates for Human Rights and the U of M Human Rights Minor Program to bring you, Eric Rosenthal from Mental Disability Rights International. Mental Disability Rights International, MDRI promotes human rights and full participation in society for people with mental and physical disabilities worldwide. It was founded in 1993 by Eric Rosenthal and works investigating human rights abuses against people with disabilities in different countries. They've compiled many country reports on conditions of people with disabilities in institutions where exclusion is just absolutely terrible. And they also received the 2009 Human Rights Award from the American Psychiatric Association. For those of you who are joining us via webcast, to ask a question, please use the chat box. A podcast of this presentation will be available on the School of Public Health and Program, and Human Rights and Health websites. If you wish to ask a question anonymously, please feel free to write it on the card or a slip of paper otherwise, permission to broadcast is implied. Thank you everyone, and let's give a warm welcome for Eric Rosenthal. [APPLAUSE] ERIC ROSENTHAL: Well, thank you very, very much for inviting me here. Thanks to the Disabled Student Cultural Center and the program in Human Rights and Health. I have a special soft spot for Minnesota. I started my human rights career here right out of law school. The Minnesota Advocates for Human Rights gave me a one year legal fellowship, and that's the only job I ever had, other than the organization that I founded thereafter to do international human rights for people with disabilities. So I'm going to give this talk in a somewhat autobiographical way to tell you how I went from Minnesota onwards to create this organization and do advocacy under the new UN Convention on the rights of people with disabilities. The convention that we'll be talking about was opened for signature just two years ago, and then one year ago entered into fourths when the 20th country ratified it. It's now been ratified by more than 50 countries, including Germany, Spain. The European Commission has signed it on behalf of all of Europe. The pace of change is enormous. We're really at an incredibly, incredibly exciting time. When I started this work after leaving Minnesota about 15 years ago, the rights of people with disabilities had been entirely overlooked by the International Human Rights community. There were specialized conventions on the rights of children. There was a specialized convention on the rights of women, immigrants, laborers. And yet this was an enormous, vulnerable group subject to discrimination and abuse worldwide, and yet there was complete ignorance about this field. As a law student, actually, I had a background doing some disability rights work in the United States, but when I was in law school, I looked into the international human rights of people with disabilities. I figured having done this work in the Civil Rights Movement here in the United States, that there must be something on it somewhere. This was back in the early 1990s, not too long ago. And when I did a search back in the early 1990s on human rights, and my particular area where I started out was in mental health and looked at the rights of psychiatric patients. And when you did searches back then on human rights and mental health, there were reams of reports and activism around the placing of political dissidents in the Soviet psychiatric hospitals. And so I went and I looked at those reports, and there was this very eerie quality to those reports, because they would describe these 1,000 bed psychiatric facilities. And you're going to see in the video that I'm showing big rooms of 80 beds together where they would talk about how horrible it was that these dissidents were placed in these facilities where they could rarely get out for light and air, and they were forced to take these horrible psychotropic drugs. And it seemed as though the worst horrible thing about it is they had to be locked up with psychiatric patients. And yet the idea that the psychiatric patients themselves might have some rights, that there might have to be some due process before a psychiatrist or a family member could put away a person for a lifetime seemed to be entirely absent. So you'd have 1,000 bed facility and maybe one or two dissidents in that facility. And the reports by Amnesty International and the US State Department sent an investigation, and the World Psychiatric Association were about the dissidents. And it was as if the people with disabilities, the people with psychiatric diagnoses they were blind as if they weren't even there. Their rights just simply did not exist. And yet, as an activist and someone who had studied the process of mental health reform in the United States and worked for civil rights just a year before, I was working on an impact litigation case, about closing our institutions in the United States. We had 1,000 bed facilities that were strikingly similar. And yet for 20 or 30 years, the Civil Rights Movement had been fighting against locking people up, throwing away the key and letting them language in these very same institutions. And yet somehow it was entirely left off the international spectrum. I came to Minnesota, and when I was working for Minnesota Advocates for Human Rights, they had a project on Mexico. So I went down to Mexico and we were doing work on the rights of Indigenous people, and I remember we scooped the international human rights community because we were down in Chiapas before the uprising, and we had unfortunately discovered these villages where the military in Chiapas had been burning down villages. And I went in and I interviewed these very poor Indigenous people who had lost their homes. It was a heartbreaking thing to see. And we had that report shortly before the uprising happened. On my way back from Chiapas, I stopped in Mexico City and I happened to talk to a friend, actually a friend who went on to a great human rights career, but then was working as my interpreter about my interest in mental health and human rights. And I was telling her about this research, and I wanted to do something. And she said, well, it just so happens that there's an activist here in Mexico City who's been trying to bring these issues to light. I was supposed to leave for the airport the next day at around noon. I said, oh, I don't have time. I don't know if you know Mexico City is a big, sprawling city, but this incredible activist got on the telephone and said, oh, you must come. Wake up early in the morning. We'll race over to these psychiatric hospitals. I narrowly missed my plane, but it was one of those fortuitous events in your life where the fact that I took this morning and went to view the psychiatric hospital in Mexico City, one of the absolutely most shocking and horrifying experiences of my life. A big it was way out of the city in an open field. There had been an idea 100 years ago that it was going to be for the health and rehabilitation of psychiatric patients, get them some fresh air, get them in active work, farming, an idea that we also had in the United States when we built some of the big state psychiatric facilities out in the middle of nowhere. But ultimately, what these facilities did, was they isolated people from the rest of the population. And these great concepts of giving them meaningful work quickly slipped by the wayside. There was a facility with barbed wire fences around it, dirt fields and these open buildings. And literally behind the barbed wire fences were dozens of people held entirely naked. And I remember I arrived at feeding time, not breakfast, not lunch, but feeding time. And they brought a large tray of food in, and the people all lunged for it hungrily and grabbed it. It was as if it was a zoo. They were totally and absolutely dehumanized. And I remember interviewing one of the psychiatrists. I asked him, "Why don't you at least give these people clothing." And unbelievably, what he told me was that it's-- first of all, the practical reason it was easier to hose them down without clothing and they were covered in their own shit. The people were living in terrible circumstances, so without closing, it was easier to hose them down. But they also said "We don't want to get people's hopes up that they might someday return to society." The idea that hope itself was dangerous for these people that they might ever return to humanity. So they came, they were stripped of their clothing, they was placed in this animal-like environment. The most horrible thing I had ever seen. I came back to the United States, and shortly after I came back, the Chiapas situation exploded, went over all the press. There was an uprising in Chiapas, and every other human rights organization sent their missions down to Chiapas. And I sat there thinking it was this strange feeling. Every other human rights group is going down to Chiapas to find out what is happening in Southern Mexico, to the Indigenous people whose homes were burned down by the military. And I was thinking of the people who I interviewed who were displaced, who had lost their homes. Those people wore clothing. They had a Bible or a book or a photograph of a loved one that they had taken with them. They had names, not numbers. They had a shred of humanity. The people who were considered the most vulnerable by the International Human Rights community were doing so much better than the psychiatric patients in Mexico City. And yet it never occurred to a single psychiatric, and it never occurred to a single human rights organization ever to go in and see what was going on at those psychiatric facilities. I went to Amnesty International, I went to Human Rights Watch, I went to the big groups. I said, you've got to do something about this. They simply didn't understand what the problem was. I'm going to be talking today afterwards about what it is that the international-- the new convention does not just making sure that this issue is on the table, but pushing forward what the rights are of people with disabilities. But before that, I'm going to show a little video that was done that describes the work that we do, that gives you a little picture of the work that my organization has done. I've now been at this for 15 years, and we've done investigations in 23 different countries and brought international press and the methodology that we do. And I'm going to start there, and then we can talk about how much further we're able to get under the convention. But I want to bring you inside the doors of some of these psychiatric facilities and orphanages to see one small piece of the worldwide problem that people with disabilities are facing everywhere. If it's possible to turn the lights down, it's a much more powerful video with the lights down. Thank you. [AUDIO PLAYBACK] - I've seen children sticking their fingers in their eye, scratching themselves and you can see bloody tracks where they've scratched their skin raw. And that is because they just have no stimulation, and any form of feeling becomes better than the nothingness that's the institution. - This video reveals the human rights abuses that go unchecked in psychiatric institutions, orphanages, and mental retardation facilities around the world. Eric Rosenthal, the director of Mental Disability Rights International or MDRI, has conducted investigations in Mexico, Uruguay, Armenia, Russia, Azerbaijan, Ukraine, Hungary, and the former Yugoslavia. He sees recurring problems of cruel and degrading treatment and adequate attention and inappropriate institutionalization. - The truth is, most institutions around the world have more similarities than differences. So what we captured in Mexico was not that much different from what I saw in Romania, Hungary, Russia, Ukraine. Rows of beds, totally sterile. These places where people live for the rest of their life and absolutely no sense of individuality whatsoever. One of the hardest things to communicate in a written report is the abuse of locking up a person in a sterile room and having them sit there, do nothing. - Article 7 of the International Covenant on Civil and Political Rights states that no one shall be subjected to torture or cruel, inhuman or degrading treatment. - What does that mean in the context of a person with a psychiatric disability? It means being locked up in a cage. It means being locked up to rot in your own filth. It means being totally lacking in any form of privacy or dignity. - In many of the institutions that MDRI visits, there is no privacy. Every room is communal. The clothes are shared, the bathrooms are filthy. Puddles of urine dirt the floors and the conditions are utterly dehumanizing. [GENTLE MELODY] - There are five cups for 99 patients. - 99 patients, including some of the women who had urinated over here and had not had a chance to go to a bathroom since then, some of whom have been walking in it, sitting in it. - Most of these institutions are severely understaffed and overflowing with people. Medical attention is often inappropriate or hopelessly inadequate. A shockingly common problem is self-abuse. Children and adults starved of stimulation hurt themselves to feel something, anything. So staff respond by tying them down for hours on end. In one institution in Mexico, MDRI investigators came across a child strapped down in a wheelchair with sheets wrapped around his body. - Now they're tying it under-- they're putting the restraints under the mattress there, the restraint. - They've just taken the restraints off the child-- - Right. - And put it under the mattress. - Staff do not have time to tend to people or to give them the care they need. - This man has been running up and down this hall for the last half an hour, naked, and no one seems to be taking any notice of him. - At stake is not just a patient's immediate welfare, but their long-term condition. For young children, starving them of attention will have lifelong consequences. - This little kid-- some needed human contact. Just look at the littlest contact he responds to. And he's just got so much energy and he's walking around. - Activists like Eric Rosenthal see community integration as the answer to many of these problems. For legal precedent, he turns to the 1991 UN Principles for the Protection of Persons With Mental Illness, which state that every person with mental illness shall have the right to live and work to the extent possible in the community. Authorities admit that people are detained in institutions because they have nowhere else to go. Once they are admitted, it is often hard for patients to leave, whether they are fit to or not. The legal mechanisms to protect against arbitrary detention do not exist, or there may be nowhere and no one to release them to. According to the director at one Mexican institution, 80% of the people detained did not need to be there. Faced with tremendous stigma and discrimination and no supportive care in the community, the burden of caring for people with mental disabilities is often left to the family. When they cannot cope and feel they have no choice but to place a relative in an institution, they are often blamed by medical authorities. In Mexico, people placed in institutions by family members are called [SPANISH TERM] In this unit there were 15 [SPANISH TERM] - Of the 15, 12 have been in condition to be discharged for four years and the rest have been in condition for six months. - I see. And is it difficult to find their families? [SPEAKING SPANISH] - It's difficult as the families are clever and normally don't leave their real address when they bring them for admission. And then the emotional bonds weaken over time. The close family members, like parents and siblings, start disappearing. And only more distant relatives remain, who definitely don't want to take responsibility for their patients. In countries of the former Soviet Union, family members have reported to MDRI that doctors told them to give up a disabled child immediately after birth so they would not become too attached to the baby. Many families are heartbroken by the pressure to give up their child and would do anything to keep them at home. - These are children that are waiting for placement. The family takes them to a different psychiatrists specialists to see if there's any hope they can do anything with them within their homes, and then they are recommended to be taken to different institutions. And the second level is that socially, they're not able to have a specialist come to their homes to take care of them. That's why they bring the children to our institutions. - In addition to documenting abuses, MDRI works closely with activists who are working to challenge discrimination and reform laws in their own countries. - I think it is extremely important-- - Gabor Gombos is a Hungarian physicist who founded the Voice of Soul-- an advocacy organization made up of psychiatric survivors. - Then they feel that we are not alone. We can share knowledge and expertise about techniques, how we can influence legislation, how we can improve human rights conditions. [INDISTINCT CHATTERS] - MDRI is fighting for the day when mental disability rights are an accepted part of the international human rights agenda. One significant step in the right direction was taken in March 2000, when MDRI presented the findings of its report on abuses in Mexico's psychiatric facilities to the Inter-American Commission on Human Rights. As a consequence, for the first time ever, the next annual report of the Commission on Mexico's human rights record raises concerns about conditions in psychiatric facilities there. Shortly after these public hearings, Mexico declared that it would close one of the most abusive institutions. For mental disability activists, it's another step on the road to widespread recognition of some long-ignored basic human rights. For further information on what you can do to help the cause of people and institutions around the world, contact MDRI. [END PLAYBACK] ERIC ROSENTHAL: That video was made about eight years ago. So as I said, there are some changes that have happened legally. But I'm sorry to say that in terms of what is going on in the institutions for children and adults around the world, the vast majority of countries have institutions very similar to what we've seen. In almost every part of the world that we've visited, those kinds of abuses are taking place. And they're taking place on a very large scale. I would submit to you that in terms of a population subject to very extreme human rights abuses, people with disabilities are right up there as perhaps the greatest overlooked human rights problem in the world today. And hopeful though, I am about this disability convention, the challenge is enormous to ending these abuses. Before I go on, are there thoughts or questions about the video or anything that you've seen? Let's take a minute. And this kind of horrifying stuff that you saw. If you have any questions. Yes. AUDIENCE: How easily were you able to get into the institutions yourself with the video camera? Were there any laws against anything? ERIC ROSENTHAL: Yeah, that's a very, very interesting question. We have had a surprisingly easy time getting access to institutions all around the world up to now. It's getting harder. And the reason is because most service providers in most countries have no concept that anything could be different than the way it is. They certainly don't know that the rights of patients are being violated. They don't have anything to be ashamed of because this is what they think-- oh, well you're disabled. Of course, you're living in filth. I remember when I started this work, one of the first countries I did work in was Hungary. Hungary is in the center of Europe, a very sophisticated country with a highly professional mental health profession. It's a member of NATO and the European Union. And I recall meeting with psychiatrists in Budapest, first of all, who had no idea that there were psychiatric facilities out in the remote parts of the countries. They were actually called social care homes. We go to the social care homes. And in the social care homes, the behavior problems or the people with mental illness are treated horrendously. And I remember I was visiting in December and it was getting dark outside. It was about four o'clock in the afternoon and it started getting dark outside. We walked into a run room. It was completely dark. The nurse flicked on the lights and there was a room full of cages and lines and lines of people in-- there was actually a picture of it. You're in a bed with a cage built over the bed. So if you're there for 10 minutes, it's not so bad. But if you realize you can never stand up, you can't get out to go to the bathroom. You're literally-- they put a bedpan in there. That's inevitably got knocked over. She flicked on the lights and said, here are the behavior problems. And the light woke them up. And then she flicked off the lights and let's go. And I said to her-- she wasn't trying to hide it. I said, why are these people sitting in cages? And she said, well, they're there for their own protection. Because there are 90 people in this building. And we only have two nurses and we can't protect them. So they weren't trying to hide anything because they had no clue that locking people up in cages was wrong. The more successful we are at exposing these abuses, and the more the awareness hits, and the more the human rights convention takes hold and countries develop legal protections, it's actually getting a lot harder. I've never done work undercover myself. What we've done is we've gone into institutions and they will very often not let the press in. So we will go in, find out where the abuses are, and then tell the press. And ABC News went into those Mexican institutions and did an exposé with hidden cameras. After we did our report on Serbia last year, Sarah Ferguson, the Duchess of York, called us up and said, I want to go see an orphanage and do something about it. And so the Turkish government wouldn't let her in with us. So she and a British television crew went into one of the orphanages that we had identified as being abusive, and they went in undercover. And I have to say, much as we had had access. And when you go in not being undercover, there's only so much they can clean up a place. They know you're coming. They scrub the walls, they clean the sheets. But it's so horrendous. The self-abuse that you see, the people tied down. There's nothing that they can do about that quickly to clean it up. But when the Duchess of York went in undercover into the same facility that we've seen, it was one cut worse. I mean, it's horrifying to see how things really are when they don't know you're coming. I mean, lots of kids literally walking around with their hands tied behind their back, just wandering around in this facility. A little child in a box. So access is a very big issue. Institutions tend to say you can't video because we're protecting the privacy of the patients. What does it mean to protect the privacy when you're torturing them and tying them down and leaving them in a place where there's horrible infectious disease and they might die? And this is a methodological problem as human rights activists that we face. How do we get video when there is no ability to get permission? The legal capacity of the individuals to make decisions is not recognized. The institution makes all their decisions, and the institutions say, oh, we're protecting their privacy. So we take our video without permission because it is our only way of exposing what we consider to be greater abuses. As you see in most of those videos, when we take them, people rush forward. They want to be videoed, whether they just want to be in a picture or they want the world to know what's going on. For the most part, it's not something that we're doing against their will. But access is very much an issue. We're now trying to do a project in the United States, and this methodology affirmatively does not work in the United States because of the liability issues. We can't take the video without permission here. Any other questions?