Edinburgh Napier University

  When enacted Scottish capacity and mental health legislation was internationally regarded as world leading in terms of presenting human rights-based approaches to interventions. The United Nations Convention on the Rights of Persons with Disabilities challenges this view and steps are being taken within Scotland to address this challenge in policy, legislative and practice reform. However, it might still be argued that what is currently being experienced in Scotland is merely an attempt to adapt existing law and practice relating to persons with mental disabilities to the Convention’s requirements without fully embracing the paradigm shift this treaty requires. This chapter will consider this argument in the light of what is required to ensure genuine enjoyment of all human rights equally and without discrimination for persons with mental disabilities.