Mental health patients may be subject to “inhuman and degrading” treatment through excessive restraint, Scotland’s human rights watchdog has warned.
The Scottish Human Rights Commission (SHRC) said in a report that current safeguards may not protect patients from threats to their lives.
It said it was not satisfied that there is sufficient data or safeguarding infrastructure to provide assurances that such harm did not occur.
The SHRC said Scotland has not kept pace with developments in England and Wales to improve protections for the rights of people in mental health detention to be protected from unnecessary or excessive restraint.
The watchdog has called on the Scottish Government to urgently identify “the true scope and scale” of the use of restrictive practices and ensure legislation provides specific safeguards for restrictive practices, including restraint and seclusion.
It also said that the Mental Welfare Commission must have adequately funded enforcement powers.
The body wants to see progress in these commitments by the end of 2026.
The report warned that, if improperly used, restraints can violate a person’s human rights.
It said: “The Scottish Human Rights Commission is concerned that protections for the human rights of people in Scotland’s mental healthcare settings are insufficient.
“SHRC is concerned that they do not adequately protect people from inhuman and degrading treatment and, in some cases, threats to life.
“Further, we are not satisfied that there is sufficient data nor safeguarding infrastructure to assure us that this is not the case.
“The rights at stake are fundamental. They include the right to life and the right to be free from inhuman and degrading treatment.
“People in mental health inpatient settings are often in a particularly vulnerable position because they are under the control of the state. Safeguards and oversight should reflect the seriousness of these risks.”
The Scottish Government must act now and with urgency to ensure rights holders in Scotland have the same protections as elsewhere in the UK.
Professor Angela O’Hagan, chair of SHRC, said: “People with lived experience have told us about the lasting harm restrictive practices can cause.
“As Scotland’s human rights institution, we have real concerns that current measures which should protect people from excessive restraint in mental health settings may not be preventing harm.
“The rights at stake here are fundamental. People detained in mental health settings are entitled to effective safeguards and duty bearers have an obligation to keep people safe.
“The Scottish Government must act now and with urgency to ensure rights holders in Scotland have the same protections as elsewhere in the UK.”
The Scottish Government has been approached for comment.