Introduction

In recent years human rights have become increasingly relevant to all areas of public life. People with mental illness who pose a risk to others are among the most vulnerable members of our society, and special attention must be paid to protecting their rights. At the same time their rights often require careful balancing with the rights of others who may be adversely affected by their behaviour. This chapter introduces the European Convention on Human Rights and the associated Human Rights Act 1998, which enacts the Convention in UK law. It then focuses on the articles of the Convention most relevant to mental health practice, particularly in secure psychiatric care, and identifies the implications for clinicians.

The European Convention on Human Rights

The United Nations (UN) was formed in October 1945 and in 1948 its Universal Declaration of Human Rights was adopted by member states, partly as an attempt to protect against a repetition of the atrocities of World War II. The Council of Europe, founded in 1949, was also formed with this aim in mind, and its European Convention on Human Rights and Fundamental Freedoms came into force the following year. The other major contemporary influence on the Convention was the considerable anxiety of Western European leaders about the spread of communism across Eastern Europe. Articles 1 to 14 of the Convention are presented in Box 17.1, with those most relevant to mental health practice in bold.

Initially, two separate entities ensured that the Convention was followed, the European Commission of Human Rights and the European Court of Human Rights, but since 1999 the Court alone has ruled on Convention violations. Currently, 47 states are contracting parties to the Convention, including many of the post-communist Eastern European countries.