CREATE A RESPECTFUL WORKPLACE BY THE NEXUS OF HUMAN RIGHTS AND MENTAL HEALTH BY - SHIVAM KUMAR GUPTA, DR. PREETI SINGH & DR. AVNISH SINGH
CREATE
A RESPECTFUL WORKPLACE BY THE NEXUS OF HUMAN RIGHTS AND MENTAL HEALTH
AUTHORED BY - SHIVAM KUMAR
GUPTA*,
DR. PREETI SINGH** & DR.
AVNISH SINGH***
Abstract
Every employer wants the
employees to perform at their best capacity. In that scenario, if the workplace
is hectic and tense, then the performance of the employees will be hampered
directly. It is the responsibility of the employers to provide a tension-free
work environment. The workplace is the second home for employees. They spend
nearly 8 hours per day. So, it’s important that they feel happy to come to the
workplace with a positive mindset. A negative mindset will directly hamper the
output of the employees. The United Nations and other international
organizations talk about a safe and secure workplace under Human rights
documents. A healthy workplace is directly linked to the healthy environment of
a human being. A healthy human being has both physical and mental well-being.
This paper focuses on the significant role of a healthy workplace and its link
with basic human rights. The paper
discusses the employees and workers, a safe and healthy workplace environment
as a basic human right for employees. Human rights have a direct nexus with
mental health. This paper is limited to the mental aspect only. The authors
have undergone a theoretical study to understand this area and tried to provide
vital suggestions for the interested stakeholders.
Keywords- Mental Health, Workplace, Human Rights, Employees and
International Forum.
_________________________________________________________
*Ph.D. Scholar - Bennett
University (The Times Group), Greater Noida
**/*** Assistant Professor
- Bennett University (The Times Group), Greater Noida
Introduction
Everyone is born with
basic rights. These basic rights have a direct bearing on a person's health and
general development. No one should be deprived of these basic rights[1].
The state and its institutions have a responsibility to protect these basic
rights[2].
The definition of health has expanded to include more than just physical
well-being. The scope of basic rights includes both physical and mental health.
Examples of basic rights like the right to a healthy environment, clean water,
clean air, etc. These basic rights extend to mental health[3].
Mental health is currently a major concern in light of the right to health.
This paper discusses the
role of mental health in the proper well-being of a human being and the
safeguard of mental health is the basic right protected under the charters of
international law. The laws for mental health cannot be ignored and the
organization whether national or international must come forward in the
protection of mental health and physical health.
In terms of its employees,
the corporation should feel accountable. The highest obligation of any company
or workplace is to recognize mental health as a fundamental human right.[4]
The corporate organization or any place where anyone works, needs to understand
the importance of a healthy work environment. The direct relation of healthy
work environment with good mental health of employees. Even global
organizations like the International Labour Organization (ILO) and the World
Health Organization (WHO) have stressed the importance of focusing on mental
health in the workplace.[5]
These two leading organizations are well aware of the toxic work environment
and its negative effect on the employees.
Dignity and Mental Health
Mental health can be
affected due to numerous reasons. For all those reasons, one major cause is the
hampering of dignity. Dignity of men or women or a third gender, everyone must
be treated with equality and dignity. Any form of discrimination hampers
dignity. Even the non-recognition of their hard work affects their dignity.
The concept of dignity is
enshrined in the case of National Legal Services Authority v. Union
of India[6]. Every country must work to grant everyone
respect and freedom. In this context, it is possible to argue that freedom
should not just apply to physical health but also to mental health. Providing a
healthy work environment ensures the dignity of employees. Dignity should not
be hampered in mental form either.
The mental health issue is
a serious concern. During the Covid Phase, this issue came to light differently.
Working from home during the COVID phase raised concerns related to mental
health[7].
The workload in the office, the manager’s deadline reminder, the competitive
environment, etc. contributed to the rise of mental health issues in the workspace.
This article is limited to mental health issues in the office or the workplace
only. The other reasons also contributed to the rise like ill-treatment by colleagues,
non-cooperation by heads, isolation feeling in groups, heated arguments, or silence
torture from heads.
The domestic tussle or
conflict of opinions with partners or with family members already exhausts the
person in the home. Then when he comes
to the office, the cake gets filled with more different icings of office tussle.
On the other hand, talking about mental health in the workspace is considered
taboo and related to a weak personality or can be considered as a timid personality.
Thus, mental health issues are with many but few only come forward to talk
about it. The suicide cases in the recent news have again brought light to this
crucial topic. This is the duty of the workplace to set realistic goals for the
employees and even set the proper counseling sessions at regular intervals. The
hectic lives of people and poor lifestyles have added more stress to their
mental and physical well-being.
International
Guidelines
The “Guiding Principles on
Business and Human Rights: Implementing the United Nations ‘Protect, Respect
and Remedy’ Framework",[8]
serves as the guiding principles under the pillars of protection, respect and
remedy. These pillars define the duties of the state and business for the protection
of human rights. The actions must be taken by the state for effective
implementation by business entities. The concern for mental health is important
as it can also be seen under the mandate of Sustainable Development Goals.[9]
Depression evolved as a cause of disability and suicide was a leading reason of
death in this era[10].
One of the major concerns of depression is
workplace mental anxiety. The digitalization era and mobile, have taken away
the natural physical friendly bond and created a virtual friendship zone
leading towards the widening of the gap with real friends around us. The person
is not able to vent his feelings among the family or friends in a nearby
company. People are using electronic media to share feelings and emotions. The
sensitization for people towards mental health is the need of the hour. Mental
well-being should not be confused with physical well-being. Both are important
in their spheres. A person can look physically fit but that does not guarantee
the mental health of that person.
The Human Rights Council
resolution on mental health and human rights[11]
requested that the United Nations High Commissioner for Human Rights (OHCHR)
raise the matter to discuss the different ways of balancing state laws with
international laws concerning mental health issues. International platforms can
make the laws, but the real responsibility is to the individual states to implement
those guidelines or norms. More than
half the population of the world is at work and thus it embarks on the need for
their address[12]. The
Covid era created an impact on the mental health of the workers due to a rise
in issues like job security and work-life balance.[13]
The employees and workers both deserve a
healthy work environment. Mental health cannot be compromised for any reason.
It can be understood that employers need the output but that should not be at
the cost of the mental health of employees. The WHO published the “World Mental
Health Report: Transforming Mental Health for All” in 2022 to create awareness
regarding this pressing issue.[14]
When the international forum emphasizes the topic of mental health issues in
the workplace. Then individual states must make serious efforts to bring the
proper legislation in this regard. “Two of the most common mental health
conditions, depression and anxiety, cost the global economy US$ 1 trillion each
year”.[15]
There can be various reasons for this. But one of the important reasons is
stress and anxiety at the workplace[16]. The WHO with the member states implementing
the “Comprehensive Mental Health Action Plan 2013–2030",[17]
is focusing on community services, mental health well-being, mental health
awareness programmes, universal social care, and mental health services. All this can be achieved with the joint
efforts of both international and national forums[18].
Mental health well-being
benefits the person working in the organization and in the longer run that person
contributes to the growth and development of the organization. The organization
should invest in the mental well-being of their employees to increase their
productivity. Healthy employees contribute more as compared to unhealthy ones.
The organization must work hard to sensitize the employees towards the
maintenance of their mental well-being[19].
Suggestion
and Conclusion
The issue of mental health
and its importance in the workplace is not only to be discussed at the national
level but also to be discussed at regular intervals at the International Forum.
To create a healthy work environment, the employer or organization should take
an active part in ensuring the well-being of their employees at the workplace. Every
employer is expecting the best output in the organization. The best performance
or output can be achieved only when the work environment is positive and
friendly. They must make sure that all forms of bullying, mistreatment,
comparisons, excessive pressure, and prejudice are prohibited. A sympathetic
and welcoming environment must be provided by the highest level of the organization.
The finest performers should be recognized by the company, and efforts should
be made to advance activities that reduce stress and foster interpersonal
relationships. A rejuvenated room should be made if anyone feels exhausted or
stressed to boost his mental health.
There is a need for
community programmes at regular intervals so that a person can interact and
share their feelings or emotions. The value of face-to-face human interaction
cannot ever be replaced by entertainment or electronic media. The Government
should make efforts to create the human bond through interactive gathering. The
leaders of the workplace should volunteer to plan these programs. Thus, mental
health at the workplace should not be compromised at any cost.
References
1-
Human Rights: Contemporary Issues – A Festschrift in the
honour of Professor Upendra Baxi, Editor Dr. V.K. Ahuja, Eastern Book Company,
Lucknow (2019).
2-
Realizing Human Rights: Moving from Inspiration to Impact-
Editors: Samantha Power, Graham Allison, Palgrave Macmillan, 1 edition (2000).
[1] Universal Declaration
of Human Rights,
accessed 20 December 2024
[2] Human rights treaties
which include the right to health
International Covenant on Economic,
Social and Cultural Rights (Article 12)
Elimination of All Forms of Racial
Discrimination (Article 5(e) iv)
International Convention on the
Elimination of All Forms of Discrimination Against Women (Articles 11(1) (f),
12 and 14(2)(b))
Convention on the Rights of the
Child (Article 24)
International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families
(Articles 28, 43 (e) and 45 (c)
Convention on the Rights of Persons
with Disabilities (Article 25
Human rights (01 December 2023)
accessed 22 December 2024
[3] Mental
health is a basic human right for all people. Everyone, whoever and wherever
they are, has a deserving and inherent right to the highest attainable standard
of mental health.
This includes: the right to
available, accessible, acceptable and good-quality care; and the right to
liberty, independence, and inclusion in the community
Mental health: Promoting and
protecting human rights (6 October 2023)
accessed 22 December 2024
[4] Business, human rights
and mental health: In the workplace, yes. But there’s more …,
GBI, (10 October 2022)
> accessed 22 December 2024
[5] Ibid
[6] National Legal Services
Authority vs. Union of India (2014) 5 SCC 438,
accessed 24 December 2024
[7] Nisha Shankar, ‘Work
from home during COVID-19-disequilibrium of mental health and well-being among
employees’
[8] There is the
"Guiding Principles on Business and Human Rights: Implementing the United
Nations ‘Protect, Respect and Remedy’ Framework", The Special
Representative annexed the Guiding Principles to his final report to the Human
Rights Council (A/HRC/17/31), The Human Rights Council endorsed the Guiding
Principles in its resolution 17/4 of 16 June 2011.
> accessed on 25 December 2024
[9] Mental health,
accessed on
25 December 2024
[10] Ibid.
[11] Human Rights Council
Intersessional consultation,15 November 2021, A/HRC/43/13 > accessed 25 December 2024
[12] World employment and social
outlook - Trends 2022. Geneva: International Labour Organization; 2022
[13] Ibid
[14] The WHO special initiative for
mental health (?2019-2023)?: universal health coverage for mental health
accessed 26 December
2024
[16] Ibid.
[17] Comprehensive Mental Health Action
Plan 2013-2030 (21 September 2021)
accessed 26 December 2024
[18] Ibid.
[19] Evelien Coppens Et. All,
‘Promoting employee wellbeing and preventing non-clinical mental health
problems in the workplace: a preparatory consultation survey,