We support people who use our mental health services and people with dementia to know about and claim their rights, and to make decisions about their care and treatment
One in three people in Scotland experience mental health problems, and more than half of those face stigma and discrimination. Dementia is an important public health challenge in Scotland, and it is estimated that approximately 9% of the population over the age of 65 years old have a diagnosis of dementia.
Dementia and mental health care and treatment engages a range of human rights including the right to life, liberty, freedom from inhuman and degrading treatment and respect for private and family life. People with mental ill health are also often disadvantaged in accessing other rights like the right to an adequate standard of living, to participate in communities and to employment and work opportunities.
The Scottish Mental Health Review published its final report in September 2022. The Scottish Human Rights Commission (SHRC) has commended the report and proposals. It said that if implemented this would move Scotland much closer to complying with international human rights standards and also have the potential to deliver an improved experience for people experiencing mental ill health. The report recommends people should be supported to exercise their capacity, even in situations of crisis. This should be done by reframing the law and the support provided so that interventions in someone’s life are based on understanding and focusing on someone’s own wishes. The report also recommends wider programmes of action, such as initiatives to reduce the use of coercion and improve the experiences of the people who are subject to it, and to develop a comprehensive system of supported decision-making.
Following inspection visits, the Mental Welfare Commission has made recommendations to NHS Lothian to deliver rights-based care to young people who are detained under mental health legislation, including ensuring they can meaningfully participate in care and activity planning.
Over the next 5 years
We will listen to people with lived experience and act
- We will use Experienced Based Co-Design to hear the voices of people who use and work in our mental health services, including people with dementia.
- We will use their lived experience to implement and monitor actions to deliver the recommendations from the Scottish Mental Health Review and Mental Welfare Commission reports.
We will improve our services
- We will improve supported decision-making and the use of advance statements and care plans.
- We will improve discharge planning and admissions processes.
- We will reduce the use of coercive (involuntary) medical practices and develop alternative or non-coercive (voluntary) practices.
