Skip to main content
Text size

Advice line: 0131 313 8777 or
0800 389 6809 

Your rights

A young man is painting a toy tank

The Mental Welfare Commission puts individuals with a mental illness, learning disability or related condition at the heart of all we do; promoting their welfare and safeguarding their rights.

Sometimes, when people are unwell, they may have to be detained in hospital or have treatment against their will. But they still have rights. We all have human rights, and mental health law contains special rights and safeguards to protect people.

  • Independent advocacy

    Under the Mental Health (Care and Treatment) (Scotland) Act, people with learning disabilities and people with a mental illness have a right to independent advocacy. Find out more about it here.

  • Being Detained

    If you become unwell with a mental illness, you may need treatment. In some cases, if you refuse treatment, you may be detained under the Mental Health Act, or “sectioned”.

  • Service user leaflets

    elderly man looking to side of camera, with a slight smile

    We produce service user & carer leaflets to help explain our role, help people understand their rights and to promote best practice in the use of mental health and incapacity law.

  • Can I be forced to have treatment?

    Sometimes, when people are unwell, they may need to have treatment, even if they don't want it. There are strict rules about when this can happen.

  • Rights of carers

    The Mental Health (Care and Treatment) (Scotland) Act 2003 says a carer is someone who gives you care and support when you need it.

  • Mental Health Tribunal

    The Tribunal is an independent organisation set up to decide what to do if you need to be given treatment against your will.

  • Safeguarded treatments

    Find out about safeguards for treatments like ECT, artificial nutrition and neurosurgery. They require an independent second opinion from a Designated Medical Practitioner.

  • Advance statements

    You may find it helpful to write an advance statement when you are well, stating how you would like to be treated if you become ill in future. Anyone who makes decisions about your treatment, like doctors or a tribunal, should read your advance statement and consider your wishes.

  • Care about rights

    The Scottish Human Rights Commission has produced training materials to help service users, carers and the professionals who work with them to understand more about how human rights apply when people are receiving care. You can visit the care about rights website here.

For advice on mental health and incapacity law, phone our helpline on 0800 389 6809.