Human Rights 101

For Human Rights Coordinators, Human Rights Officers, Human Rights Committees and the People You Serve.

What Are Human Rights?
•	The Department of Mental Health defines Human Rights as the values and fundamental principles that are intended to support and promote the full respect, dignity, and care of each individual.

•	humane and adequate care and treatment;
•	a humane and safe living environment;
•	freedom from physical, sexual, and verbal abuse; and
•	to the maximum extent possible and consistent with the client’s individual needs, preferences and capacities:

Five Fundamental Rights
•	sending and receiving mail
•	telephone use
•	receiving visitors (general)
•	humane psychological and physical environment
•	visits or phone calls with attorney, legal advocate, physician, social worker, psychologist or clergy (special visitors)

Restrictions
It may be necessary to
 temporarily limit someone’s rights if
•	There is “significant risk of imminent, serious harm” (for telephone access and general visitors)
•	Good cause exists to believe that mail contains contraband, and then staff may open and inspect a person’s mail (not read) in the presence of the individual. 
•	This should not occur unless less restrictive alternatives have been tried and failed, or would be futile to attempt.

Restrictions (cont.)
•	Any restriction must be done in accordance with applicable laws or policies.
•	The HRO is to be notified of the restriction as soon as possible.
•	The person’s record must include specific facts as to the reason
   and timeline for the restriction
 and any review by the Human
 Rights Committee.

•	   Human Rights are important in helping to ensure that all people are treated as we would want to be treated – as thinking, feeling individuals.
Dignity and Respect
•	Understanding Human Rights means having a commitment                 to treat every person with dignity and respect.  Seeing the individual being served first as a person is critical to giving them dignity and respect.
This means:
•	Assisting a person in making                  his or her own decisions                      about treatment, and about                 the daily events in their lives.
•	Fostering autonomy and                      positive self-regard
•	Understanding                                       others’ points of view
•	Listening -                                            taking others seriously
The Dignity of Risk
•	Dignity of Risk is the principle of taking control of our lives - even when it includes some level of risk.
•	Most of us owe a large portion of our personal growth to the process of trial and error.
•	Failure becomes a learning experience, and subsequent attempts are bound to meet with greater success.
•	This principle is at the heart of the recovery process.

Dignity of Risk (cont.)
•	Programs should strive to foster as much independence as possible and to instill a proportionate sense of responsibility.  
•	We must be willing to allow the people we serve to experience social and personal chances to facilitate long term growth for independent living.
ABOUT INFORMED CONSENT
•	Acceptance or rejection of treatment must be based upon a voluntary and informed decision.
•	There should be an assessment of an individual’s ability to understand the risks and benefits of a proposed treatment, as well as alternatives.

•	Before a client is asked to sign anything, staff should:
•	Provide information first!
•	Go over the risks and benefits
•	Discuss possible outcomes
•	Discuss side effects
•	Discuss alternatives to treatment

What is the Role of the 
Human Rights Officer ?
•	All programs have an assigned Human Rights Officer  (HRO).
•	The main responsibility of the HRO is to inform, train, and assist clients served by the program to exercise their rights. 
•	The HRO may attend                            treatment team meetings                          to advocate on behalf                            of the client.
•	The HRO is also staff to                      the Human Rights Committee

•	   It is everyone’s responsibility to treat the people we serve in a manner that provides the utmost respect and inclusion in the decisions that affect their lives, so they can participate fully in their own recovery process.
Human Rights Committee
•	The Human Rights Committee (HRC)                   serves as an advisory committee to help                    the program protect the rights of its clients. 

•	A majority of HRC members must be persons served, family members, or advocates.

•	The HRC visits programs and provides feed back to the program.

•	The HRC reviews complaints and treatment restrictions and makes recommendations.

Complaints and Investigations
Filing a Human Rights Complaint triggers a formal review.
•	The DMH Complaints and Investigations processes are governed by state regulation: 104 CMR 32.00

Who must file a Human Rights Complaint and under what circumstances?
•	All staff  in all programs are responsible for protecting the people they serve and for reporting abuse.
•	A formal Human Rights Complaint is filed with DMH when either a client or staff person believes that the client is in a situation or has received treatment that is illegal, dangerous, or inhumane.
DMH REGULATIONS (104 CMR 32.00)
Definitions:
•	Dangerous: poses or posed a danger or the potential of danger to the health or safety of a client.
•	Illegal: a violation of state or federal statute, regulation, court decision or other law.
•	Inhumane: without regard for client dignity.
•	Person In Charge (PIC): the person with day-to-day responsibility for the program or his/her designee.

The Person in Charge ensures that:

•	goes to all parties at the                         end of the investigation

•	There is                                                          an appeal process                           for decisions                                             that are disputed.

All staff are mandated reporters and, 
under penalty of law, must report client abuse 
to one of the following agencies:
•	DCF for youth                     under the age of 18.
•	1-800-792-5200
•	DPPC for persons                    18 through 59 years.
•	1-800-426-9009
•	Office of Elder Affairs for persons 60 years +
•	1-800-922-2275
   Telephone numbers for the above agencies should be posted in your workplace.
What about kids?
•	Children and adolescents are also protected by the

                        Five 
                  Fundamental
                       Rights

Mail

Each person has
the right to send 
and receive mail.  

  

Phone Calls
Each person has the right to make and receive confidential telephone calls at reasonable times.

*	 A program may temporarily restrict a client’s telephone rights if that use would constitute a criminal act, or if it is an unreasonable infringement on another person’s telephone access.

Visits
Each person has unrestricted rights to visit with his/her lawyer, doctor, psychologist, clergy, or social worker at any reasonable time.  

The person may have                             other visitors at                         reasonable times,                              unless restricted                                by the program.

Personal Belongings
Each person has the right to wear his/her own clothes.   She or he has the right to keep and use personal belongings, including toiletries.

•	The program may keep certain items, such as lotions or sharp objects, in a separate locked area for safety reasons.

Legal Advocacy Resources
•	Mental Health Legal Advisors Committee
   (MHLAC) provides advice and representation for children and adults with mental disabilities, as well as many training resources and publications. 
			www.mass.gov/MHLAC 
		   (617) 338-2345   (800) 342-9092
•	Disability Law Center
	(DLC) is the Protection & Advocacy agency for Massachusetts, providing protection and advocacy for disabled residents of the Commonwealth.
			www.DLC-MA.org
		  (617) 723-8455,  (800) 872-9992
		  (413) 584-6337,  (800) 222-5619

Legal Advocacy Resources (cont.)		
More information regarding these and other resources is available in the Appendix of the Human Rights Handbook:
•	Center for Public Representation: specializes in legal rights and discrimination. 
    (617)965-0776, (413)587-6265
•	Committee for Public Counsel Services: the Mental Health unit of the Public Defender’s Office provides attorneys for persons involved in commitment or Rogers proceedings and other types of civil and criminal cases.
    (617)482-6212
•	www.MassLegalServices.org to locate these and other legal services near you.

References
•	Massachusetts General Laws
•	Chapter 123, Section 23
•	DMH Regulations 
•	104 CMR 27.00 and 104 CMR 28.00
•	104 CMR 32.00
•	DMH Policy #03-1 (Human Rights)
•	DMH Human Rights Handbook                           	                                                     All are accessible online at the Dept Of MH:                                               www.mass.gov/dmh

Human Rights Contacts
•	 Site Human Rights Coordinator/HRO:
 
•	 DMH Area Human Rights Coordinator:  
        
•	DMH Director of Human Rights: Star Sims
	(617) 626 – 8218, Startese.Sims01@DMH.state.ma.us

•	 DMH Asst. Dir Human Rights for Community & Child/Adol services: Kerry Brooke: (617) 626-8139
	Kerry.Brooke@DMH.state.ma.us