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The CRPD and Mental Health Law Reform in Scotland

Stavert, Jill

Authors



Abstract

Scotland's mental health and capacity legislation and its implementation is underpinned by European Convention on Human Rights (ECHR) informed principles, and such legislation and its implementation has remained largely ECHR compliant. It is designed to protect individuals' autonomy from inappropriate and disproportionate nonconsensual intrusions but its scope is largely limited to this. However, since the legislation was enacted at the start of the twenty first century the UK subsequently ratified the UN Convention on the Rights of Persons with Disabilities (CRPD) which requires the law and related practice to focus on giving effect to all the rights of persons with mental disabilities (people living with psychosocial, cognitive and intellectual disabilities) on an equal basis with others and to actively support such equality in rights enjoyment. The Terms of Reference of the independent Scottish Mental Health Law Review (2019–2022) included considering and making recommendations to align Scotland's mental health and capacity legislation with the CRPD. After engaging widely with stakeholders its recommendations sought to strengthen the voice of persons who use services and of those who care for them, reduce the need for nonconsensual measures and secure rights to the help and support necessary to live a good life. In order to achieve this, it recommended, amongst other things, a refocusing on mental health and capacity law together with a Human Rights Enablement, Supported Decision Making and Autonomous Decision Making framework.

Citation

Stavert, J. (2024). The CRPD and Mental Health Law Reform in Scotland. International Journal of Law and Psychiatry, 94, Article 101991. https://doi.org/10.1016/j.ijlp.2024.101991

Journal Article Type Article
Acceptance Date Apr 22, 2024
Online Publication Date Apr 24, 2024
Publication Date 2024
Deposit Date Apr 22, 2024
Publicly Available Date Apr 25, 2026
Print ISSN 0160-2527
Publisher Elsevier
Peer Reviewed Peer Reviewed
Volume 94
Article Number 101991
DOI https://doi.org/10.1016/j.ijlp.2024.101991
Keywords CRPD, Mental health and mental capacity law, Law reform, Scotland
Public URL http://researchrepository.napier.ac.uk/Output/3597860