The Equality and Human Rights Commission (EHRC) has provided advice to Peers ahead of the Mental Health Bill’s second reading in the House of Lords today.
The EHRC’s briefing builds on its detailed analysis of proposed changes to the Mental Health Act, previously provided to the Joint Committee on the Draft Mental Health Bill in September 2022.
The use of powers under the Mental Health Act has significant implications for equality and human rights under both domestic legislation (the Human Rights Act 1998 and the Equality Act 2010) and international law (the United Nations Convention on the Rights of Persons with Disabilities).
Anna Boaden, Director of Policy and Human Rights Monitoring at the Equality and Human Rights Commission, said:
“Almost six years on from the independent review of the Mental Health Act 1983, the changes proposed in the Mental Health Bill represent an important step, particularly for those detained in hospital unnecessarily.
“In too many cases, patients detained under our mental health laws are also subject to restraint and segregation, which can worsen their conditions and make it increasingly hard for them to go home. In extreme cases, there could be significant violations of human rights.
“As Britain’s equality regulator, and the National Human Rights Institution for England and Wales, we have analysed the equality and human rights implications of the proposed measures, including those aimed at reducing the inappropriate detention of people with learning disabilities and autism, providing patients with greater autonomy over their care and treatment, and addressing racial disparities in detention rates and treatment.”
Background
- The Mental Health Bill is a UK government bill that would amend the Mental Health Act 1983. It was introduced in the House of Lords on 6 November 2024 and is due to have its second reading on 25 November 2024.
- The bill extends to England and Wales only (apart from the general clauses at the end of the bill that extend UK-wide).
- In September 2022, the Equality and Human Rights Commission provided written evidence on the draft Mental Health Bill published by the previous UK government.
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