Shackling Persons with Mental Disability within the Perspective of International Human Rights Law and its Implementation in Indonesia

Abstract

This doctrinal and empirical research investigated the implementation of human rights protection for persons with a mental disability being shackled and its challenges in Indonesia. The results of this research showed that the laws and regulations concerning persons with mental disabilities are not yet aligned with international human rights law. The government’s efforts to ban shackling have reduced the number of shackling cases. Unfortunately, the community and family still have stigma, discrimination, and lack of knowledge about mental health issues. These conditions can hinder a mentally disabled person from getting their rights fulfilled. It is recommended that the government revise the laws and regulations to align with international law in this field. Furthermore, the government is expected to enhance its efforts in addressing this issue by allocating more funds, human resources, facilities, and access to affordable, adequate, rights-based mental health services.