The law in England and Wales currently allows for mental health patients to be treated against their consent, even if they are able to give it. Is this consistent with their human rights?
In a recent report [linked], the Law Commission [linked] suggested that the UK Government should consider following Northern Ireland in getting rid of existing mental health legislation, and replacing it with a single test for whether the patient lacks mental capacity (being able to make your own decisions). The Law Commission argued that such a move would place ‘the person at the centre of decision-making’ and tackle ‘the stigma and discrimination faced by those with mental health problems’.
There are clear human rights problems with the current discriminatory treatment of mental health patients. However, many people disagree about whether a single capacity test really solves the problem of when the law should respect a person’s decision.
Continue reading and you will find links to legislation for England and Wales regarding this issue.
No comments:
Post a Comment