Date lodged: 25 September 2017
To ask the Scottish Government what its position is on whether the forced treatment of a mental health patient prior to the facts having been established is compatible with the case-law of the European Court of Human Rights.
Answered by: Maureen Watt 10 October 2017
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.
Most people who use mental health services receive treatment without being subject to an order or certificate under the Mental Health (Scotland) (Care and Treatment) Act 2003. For some individuals however, compulsory treatment is used to provide the person with medical treatment to alleviate suffering and for the protection of both the person and others. Compulsory treatment is only allowed under mental health legislation in Scotland in very strict circumstances.