Scottish Mental Health Law Review release interim report (July 2021)

The third interim report of the Scottish Mental Health Law Review has been published today. The principal aim of the review is “to improve the rights and protections of persons with a mental disorder and remove barriers to those caring for their health and welfare”. It is also considering the need for the convergence of incapacity, mental health and adult support and protection legislation.

The third interim report outlines some of the progress the review has made, as well as outlining the purpose and principles of the three pieces of mental health law under review. This is followed by suggestions as to how the purpose and principles of mental health law might look if recast with particular regard to United Nations Convention on Rights of Persons with Disabilities (UNCRPD).

SIAA and members organisations have been involved in several of the review’s workstreams and advisory groups. The report includes the work that has been undertaking in relation to independent advocacy, including collective advocacy, and its link to human rights. Details on how independent advocacy will be considered in an upcoming workstream for the review around ‘Accountablility’ can be found on page 51.

The Review is due to complete its work in September 2022 by submitting a final report and recommendations to the Minister for Mental Wellbeing and Social Care. The recommendations will aim to give effect to the rights, will and preferences of the individual by ensuring that mental health, incapacity and adult support and protection legislation reflects people’s social, economic and cultural rights including United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and European Convention on Human Rights requirements.

If you have any general comments/feedback on this report please send this to the Secretariat to the Review via secretariat@smhlr.scot

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