Human Rights in Practice

Everyone has a right to liberty (freedom) and also a right to life and security. These rights can come into conflict with each other when someone’s mental health deteriorates to a point where they are at risk of harming themselves or others.

When this happens people can be taken to hospital to be treated for their mental illness without giving their consent. This is called compulsory or non-consensual care and treatment and is legal under the Mental Health (Care and Treatment) (Scotland) Act 2003.

Because people experience a breach of their right to liberty (freedom) when they are taken to hospital and treated against their will, there needs to be safeguards in place to ensure that this breach is as minimal as possible and that people still have access to their other rights.

At the moment these safeguards include a right to an advance statement, a named person and access to independent advocacy – a person does not have to be in hospital to access these safeguards, they can be accessed at any time. People also have a right to challenge the decision to treat without consent.

When people are detained for treatment against their will, medical practitioners are also supposed to ensure that they put certain principles into practice. These are called the Millan Principles and they include: use of the least restrictive options for care and treatment; taking past and present wishes into account; and taking account of a person’s background, beliefs and abilities.

An independent review of the legislation about non-consensual treatment is currently taking place. Read about our calls for change to the legislation and to practice:

• SAMH’s View on Compulsory Care and Treatment

To find out more about your rights, read our guide: ‘Know your rights’.