The Convention on the Rights of Persons with Disabilities (CRPD) is an international human rights treaty which came into force in May 2008. It requires that parties to the convention promote, protect and ensure the full enjoyment of human rights by persons with disabilities.
Since the adoption of the Convention, many countries around the world have sought to reform their mental health laws, policies and services so they align with the CRPD. This includes engagement with the principles derived from the CRPD and adoption or amendment of relevant laws and policies. There are differences, however, across countries and authorities with respect to engagement and interpretation of human rights obligations and how mental health law and the promotion of the human right to mental health looks. Human rights arguments, along with rising rates of compulsory mental health treatment, have prompted major reviews of mental health laws across the United Kingdom and beyond.
Professor Penelope Weller is working on a project which will analyse the current law reform debates in Scotland, Northern Ireland, Ireland, England, Wales and the Republic of Ireland. Across these countries, all have reviewed the existing legislation and are at varying stages of reform.
Reform status across the UK and Republic of Ireland
In Scotland, the Scottish mental health law review (Scott review) was completed in 2022 and responded to in June 2023 by Scottish Government.[1] The Scottish Government announced in 2023 a programme to implement the new approach over a period of 10 years.
In England and Wales, following the Independent Review of the Mental Health Act 1983 (Wessely Review), the Reforming the Mental Health Act white paper was published in August 2021. The Government is due to develop a new bill, but the timeframe for this remains unclear.[2]
In Northern Ireland, the Mental Capacity Act (NI) 2016 fuses together mental capacity and mental health law, as recommended by the Bamford Review of mental health and learning disability. [3][4] The Act is yet to be fully implemented.
In Ireland, Assisted Decision-Making (Capacity) Act 2015 came into force in April 2023.[5] An expert review of Mental Health Act 2001 was completed in 2014. In 2021 the government published a Draft Heads of a Bill to amend the Mental Health Act, with reform of the Mental Health Act 2001 due in 2023.
How we realise human rights for those with psychosocial disabilities is to be addressed in mental health law has become the focus of global reform. In October 2023, WHO-OHCHR published its guidance on mental health, human rights and legislation.[6] The guidance recognises that the full implementation of a human rights approach in mental health law may take some time to achieve. While significant change is underway, it is important to assess whether the reforms in each jurisdiction are moving toward the principles espoused by WHO and the United Nations. What is clear is that ongoing reform will be necessary to achieve the paradigm shift in law that is envisaged.
About Professor Penelope Weller
Penelope joined the Centre for Mental Health Practice, Policy and Law Research at the end of August and is at Edinburgh Napier as a Visiting Academic. She is a law professor from RMIT University in Melbourne and an international expert in the field of Human Rights Law, Health Law, Mental Health and Capacity Law and the Convention on the Rights of Persons with Disabilities (UNCRPD).
Whilst here, Penelope is conducting a review in collaboration with Professor Jill Stavert on reform of mental health law across the UK, funded by the British Academy.
References
[1] What are the next steps? – Scottish mental health law review: our response – gov.scot (www.gov.scot)
[2] Reforming the Mental Health Act white paper 2021 | Local Government Association
[3] Mental Capacity Act 2016 | Department of Health (health-ni.gov.uk)
[4] Bamford Review of Mental Health and Learning Disability | Department of Health (health-ni.gov.uk)
[5] gov.ie – Assisted Decision-Making (Capacity) Act 2015 (www.gov.ie)
[6] Mental health, human rights and legislation: guidance and practice. Geneva: World Health Organization and the United Nations (represented by the Office of the United Nations High Commissioner for Human Rights); 2023