Mental Health and Incapacity Legislation (Review)

Part of the debate – in the Scottish Parliament on 19th March 2019.

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Photo of Clare Haughey Clare Haughey Scottish National Party

When the Mental Health (Care and Treatment) (Scotland) Act 2003 came into force, in 2005, it increased the rights and protections for people with mental disorders. Since then, huge advances have been made in treatment and through changes in social attitudes. In addition, there has been an increasing focus in all areas of public life on the importance of protecting and promoting human rights.

Depending on their needs, a person could be subject to the Mental Health (Care and Treatment) (Scotland) Act 2003, the Adults with Incapacity (Scotland) Act 2000 or the Adult Support and Protection (Scotland) Act 2007. We have already begun work to reform incapacity law and practice, and we will begin work on the Adult Support and Protection (Scotland) Act 2007.

A human rights-based approach is about empowering people to know about and to claim their rights as well as increasing the ability and accountability of individuals and institutions that are responsible for respecting, protecting and fulfilling rights. Our approach to progressing the review will ensure that service users are involved in ways that make sure that their voices are heard on decisions that impact on them.