Written Question · S5W-22467 · Session 5
What its position is regarding whether the (a) covert administration of medication and (b) use of chemical restraint is compatible with the…
The question
To ask the Scottish Government what its position is regarding whether the (a) covert administration of medication and (b) use of chemical restraint is compatible with the Convention on the Rights of Persons with Disabilities.
The answer
As you are aware, we are taking forward work in order to strengthen support for people with mental health conditions and have committed to undertake an independent review of the Mental Health Act. Taken together with the ongoing work on capacity and adult support and protection legislation, we now have a comprehensive programme of activity amounting to an overarching review of the legislative framework affecting people with a mental disorder.
The principal aim of the review of the Mental Health Act 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 will do this by:reviewing the developments in mental health law and practice on compulsory detention and care and treatment since the Mental Health Act came into force;making recommendations that gives 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 the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and European Convention on Human Rights (ECHR) requirements; andconsidering the need for the convergence of incapacity, mental health and adult support and protection legislation.
All the legislative review work will consider what is needed to address any incompatibilities with UNCRPD and ensure Scotland continues to meets its international commitments.
The principal aim of the review of the Mental Health Act 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 will do this by:reviewing the developments in mental health law and practice on compulsory detention and care and treatment since the Mental Health Act came into force;making recommendations that gives 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 the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and European Convention on Human Rights (ECHR) requirements; andconsidering the need for the convergence of incapacity, mental health and adult support and protection legislation.
All the legislative review work will consider what is needed to address any incompatibilities with UNCRPD and ensure Scotland continues to meets its international commitments.
In the Official Report
No contribution in the Official Report cites S5W-22467 by reference.