Your Mental Health And The Human Rights Act 1998 Under Threat
With both the Tories and Reform having made it clear that they would wish to either repeal the HRA 1998, or make huge changes to it which may remove some of your basic rights, in addition to leaving the European Convention On Human Rights; it is imperative that our current rights are known by all, especially those with mental ill-health.
What makes this even more urgent is the announcement this week that billionaire Elon Musk is about to gift Nigel Farage 100 million US dollars towards his campaign fund to fight the next general election and topple the now very unpopular Keir Starmer, the UK’s Human Rights Act in its existing form based as it is on the European Convention on Human Rights and that of the UK’s signatory to the Declaration of Human Rights,
remains threatened as one of the greatest targets of any Farage Government. His Reform Party has made it clear in their so-called 'contract with the people' that they will repeal the HRA 1998 and remove the UK from the European Convention On Human Rights.
The Human Rights Act (HRA) is vital for individuals with mental health problems because it ensures that their fundamental rights are respected and upheld, even when they are in vulnerable situations. Here's why it matters:
Protection from Inhumane Treatment: The HRA provides protection against inhumane or degrading treatment (Article 3). This is especially crucial in mental health care settings, where individuals might be at risk of mistreatment or abuse, either by healthcare providers or others.
Right to Liberty and Security: Under Article 5, the HRA protects the right to liberty and security, meaning individuals should not be deprived of their freedom without lawful reason. This is particularly relevant if someone is detained under the Mental Health Act, ensuring that the detention is necessary, lawful, and not arbitrary.
Right to a Fair Trial: The right to a fair trial (Article 6) ensures that if someone’s liberty is restricted, they have the right to challenge it in court, providing a safeguard against wrongful detention.
Right to Private Life: Article 8 protects an individual’s right to privacy, including protection from unlawful interference with personal and medical information. For someone with mental health problems, this ensures that their confidentiality and autonomy in decisions about their care are respected.
Equality and Non-Discrimination: Article 14 ensures that no one is discriminated against in the enjoyment of their rights, including people with mental health conditions. This means they should not face unequal treatment in healthcare, social services, or when interacting with the police or emergency services.
Access to Effective Remedy: If a person’s human rights are violated, the HRA provides access to legal remedies, including the right to challenge decisions made by public authorities, such as being detained under the Mental Health Act or receiving inappropriate care.
In practice, knowing your rights under the Human Rights Act can make a significant difference in situations like hospital stays, interactions with law enforcement, or when receiving mental health care. It ensures that the law provides safeguards against potential abuses and promotes fair and compassionate treatment.
