header-logo header-logo

15 December 2023 / Laura Davidson
Issue: 8053 / Categories: Features , Mental health
printer mail-detail

The mental health paradigm

151428
Laura Davidson asks if new UN guidance could topple compulsory detention & enforced medical treatment
  • Covers guidance issued by the World Health Organisation and the UN Office of the High Commissioner for Human Rights.
  • Suggests it may help end practices of coercion and compulsory treatment, and could have a stronger impact than international human rights law.

A quarter of a century ago, the UK ratified the UN Convention on the Rights of Persons with Disabilities (CRPD). It prohibits discrimination, including against those with ‘mental… [or] intellectual impairments’ (Art 1). Despite being binding, global compliance remains patchy. However, all psychiatric coercion—compulsory hospitalisation, physical and chemical restraint, seclusion and segregation—is discriminatory and hence unlawful.

The European Court of Human Rights deems psychiatric force lawful if necessary and proportionate, the least restrictive option and a last resort. The UK’s 40-year-old Mental Health Act 1983 (MHA 1983) permits coercion to protect someone’s health or safety, or others (s 2(2) and s 3(2)). Restraint (which may cause death) and seclusion (a recognised form of torture) can be lawful management tools.

However, CRPD ambivalence could end following

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll