Human Rights and Mental Health: Understanding Your Rights
In the UK, the Human Rights Act 1998 protects everyone’s basic rights, ensuring they are treated with dignity, fairness, and respect by public authorities. For individuals with mental health conditions, understanding these rights is crucial for safeguarding their well-being and ensuring fair treatment in various aspects of life.
What is the Human Rights Act?
The Human Rights Act provides legal protection for 16 fundamental rights, referred to as “articles.” These rights apply to everyone living in the UK, including foreign nationals, individuals in detention, or those in hospitals. If a public authority violates these rights, you can take legal action against them.
However, the Act does not apply to private individuals or companies. For workplace discrimination, consider other protections under discrimination laws.
What is a Public Authority?
Public authorities are institutions or entities performing public functions that are required to uphold the Human Rights Act. These include:
- Government bodies and local councils
- NHS trusts, hospitals, and emergency services
- Police, prison, and immigration officers
- Schools and courts
- Some private care homes, housing associations, and hospitals
How Does the Human Rights Act Protect People with Mental Health Problems?
The Human Rights Act ensures that individuals with mental health conditions are treated with respect and dignity. This includes protections for those detained under the Mental Health Act, ensuring they can challenge their treatment and conditions. Service providers, such as social workers, emergency services, and mental health professionals, must comply with these human rights standards.
Key Rights Relevant to Mental Health
1. Article 2: The Right to Life
- Hospitals must take necessary precautions to prevent suicide among patients.
- Detained individuals must be protected from risks that endanger their lives.
2. Article 3: The Right Not to Be Tortured
- Prohibits inhumane or degrading treatment, such as neglect or excessive restraint.
- Includes protections against inadequate medical treatment that causes harm.
3. Article 5: The Right to Liberty and Security
- Everyone has the right to freedom of movement unless lawfully detained (e.g., under the Mental Health Act).
- If detained unlawfully, individuals can challenge the detention through legal channels.
4. Article 6: The Right to a Fair Trial
- Guarantees fair hearings in mental health tribunals or hospital managers’ hearings.
- Allows individuals to present their case, access relevant documents, and receive reasons for decisions.
5. Article 8: The Right to a Private and Family Life
- Protects privacy, bodily autonomy, and confidentiality of personal information.
- Ensures respect for family relationships and stable living conditions.
6. Article 14: The Right Not to Be Discriminated Against
- Ensures equal protection under the law regardless of personal characteristics, such as disability or mental health status.
What to Do If Your Rights Haven’t Been Respected
If you believe your rights have been violated, you can take the following steps:
1. Identify the Breach
Determine which specific human right has been violated. For example, being detained without explanation might breach Article 5: Right to Liberty and Security.
2. Raise the Issue Informally
Start by addressing the issue directly with the individual or organization involved. Sometimes, a discussion can lead to a resolution.
3. Make a Formal Complaint
- Submit a written complaint to the public authority, explaining the issue, its impact, and the desired outcome.
- Public authorities often have formal complaints procedures in place.
4. Escalate the Complaint
If you are unsatisfied with the response, contact a regulator or ombudsman. Organizations like Mind or Citizens Advice can guide you on whom to contact.
5. Take Legal Action
If all other avenues fail, consider legal action. Seek advice from trained professionals or legal advisors to build your case.
Final Thoughts
The Human Rights Act is a powerful tool for protecting individuals with mental health conditions, ensuring they are treated fairly and with respect. Understanding your rights can empower you to advocate for yourself or others when facing challenges with public authorities. If you believe your rights have been breached, there are clear steps to take, from raising complaints to pursuing legal action. Always seek professional guidance to ensure your rights are upheld.
