Before the global embrace of human rights, treatment for those with mental health difficulties often bordered on cruelty. Even today, with the European Convention on Human Rights’ Article 3 in place, the protection against torture and inhuman treatment has ambiguities. Especially concerning mental health, its application is inconsistent and sometimes discriminatory. Cases like Munjaz v Ashworth Hospital spotlight these gaps. The blurred line between torture and inhuman treatment remains problematic. It’s crucial for medical, societal, and legal entities to unify, ensuring equal rights for mental health patients and possibly reevaluating foundational human rights conventions.