Whether it will take account of the case law of the European Court of Human Rights when it reviews mental health and incapacity legislation.

The Scottish Government is committed to creating a modern, inclusive Scotland which protects, respects and realises internationally recognised human rights, and is working with the whole of Scottish society to deliver a shared vision for a Scotland where everyone can live a life of human dignity. The Scotland Act 1998 requires that all Scottish Parliament legislation and all acts of members of the Scottish Government must be compatible with core ECHR rights (“the Convention rights”). In addition, the Human Rights Act 1998 ensures that every public authority in Scotland is obliged to act compatibly with the Convention rights and enables human rights cases to be taken in domestic courts.
Scottish mental health and incapacity legislation is based on rights and principles. We believe that the 2003 Act is fully compliant with the European Convention on Human Rights (ECHR). The 2003 Act has never been found, in part or in whole, by the European Court of Human Rights to be not compliant with ECHR.
During the passage of the Mental Health (Scotland) Act 2015, the Scottish Government committed to undertake a review to determine whether the provisions of the 2003 Act fulfil the needs of people with learning disability and autism. Alongside the review, there is also the ongoing work relating to the Adults With Incapacity legislation and a full formal consultation will launch later in the year. It would therefore be inappropriate to consider wider changes to mental health legislation until these pieces of work have concluded.