Under consideration PE1999: Fully implement the UN Convention on the Rights of Persons with Disabilities
Calling on the Scottish Parliament to urge the Scottish Government to ensure the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is fully implemented in Scotland.
Previous action taken
I have been campaigning for over twenty years in an attempt to ensure that people in Scotland could not be treated for a mental disorder without their consent. In that time, I have submitted three petitions to the Public Petitions Committee: PE867 in 2005, PE01459 in 2013 and PE01667 in 2017. I also have had two meetings with my MSP, Audrey Nicoll and produced papers which have been sent to various people including a Policy Manager of the Scottish Government's Mental Health Unit.
Treatment for mental disorders without consent should not be permitted. The Code of Practice for the Adults With Incapacity (Scotland) Act 2000 states that "The use of covert medication is permissible..." Further, the "Health and Social Care Standards" refer to "chemical restraint", something that commonly involves the giving of antipsychotics to elderly people with dementia even though this involves a clear increased risk of stroke and a small increased risk of death.
Covert medication and chemical restraint are incompatible with the UNCRPD, something that the Scottish Ministers must observe and implement. Parliament should pay particular attention to Articles 4,12,14,17 and 25 while debating proposals for change to mental health and incapacity law . It should not accept those recommendations in the Final Report of the Scottish Mental Health Law Review which are incompatible with the UNCRPD. It should not accept that it is acceptable to use force, detention or covert medication in the treatment of patients with disabilities.
This petition is now under consideration by the Citizen Participation and Public Petitions Committee
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