Edinburgh Napier’s Centre for Mental Health Practice, Policy and Law Research believes everyone has a right to the highest attainable standard of mental health across individuals’ lifespan.

The Centre employs an expert multi-disciplinary approach to addressing health and social care needs and challenges to find meaningful and impactful solutions. The Centre collaborations between academics, students and key public, private and third sector stakeholders, including, importantly, persons with lived experience of mental ill-health, dementia, personality disorder and learning disability and neurodiverse people, carers and practitioners.

Problem:

It is estimated that one in four people globally experience mental ill-health at some stage in their lives. For some time, it has been recognised that existing mental health and capacity legislation in Scotland requires a thorough review to ensure that it is more aligned with recent human rights developments and  works better for people with mental and intellectual disabilities.

Solution:

Commissioned by the Scottish Government and led by Lord John Scott KC, the independent Scottish Mental Health Law Review brought together a wide range of stakeholders, including academics from Edinburgh Napier University, the Mental Welfare Commission for Scotland, practitioners and those with lived experience, to improve the rights and protections of persons with a mental disorder.

Innovative collaboration to champion human rights in mental health law

The Scottish Mental Health Law Review was commissioned in 2019 to consider and recommend ways in which to better protect and promote the human rights of people through mental health, capacity and adult support and protection legislation.

When enacted at the beginning of the 21st century, Scotland’s existing mental health and capacity legislation was regarded as world-leading because it was human rights based. However, over time, there have been implementation challenges and developments in human rights law, particularly required by the UN Convention on the Rights of Persons with Disabilities.

Taking a truly inclusive and innovative approach, the Review brought together as part of an executive team experts from Edinburgh Napier University, people with lived experience and unpaid carers which consulted widely with a wide range of stakeholders.

A model to make a difference to individuals, wider society, and countries worldwide 

The Review’s aims were to consider ways to better protect all the human rights of people with mental disabilities or intellectual disabilities, and not only focus on rights relating to detention and forcible treatment. Over 200 recommendations were made in the final report, including strengthening the voice of people who use services and those who care for them; reducing the need for coercion in the mental health system; and securing rights to the help and support needed to live a good life.

It is envisaged that the work of this Review will help to influence a huge difference to the lives of people who experience mental and intellectual disabilities, by making sure they get the support they need and giving them more say in their own lives. With its groundbreaking approach, it can also be used globally as a model for other countries who are trying to incorporate the UN Convention on the Rights on Persons with Disabilities into practice of law, practice and policy.