Voting Rights for Those Detained Under the Mental Health Act

Voting is a fundamental right that should be accessible to all eligible citizens, including those detained under the Mental Health Act (MHA), yet these individuals often face barriers due to misconceptions and lack of knowledge about their voting eligibility. The Representation of the People Act 2000 allows long-term hospital residents to register to vote using their hospital address, although those detained under certain forensic sections of the MHA are not entitled to vote. Eligible patients can register at their hospital address, home address, or another residence via a “declaration of local connection,” with voluntary patients and those with leave able to attend polling stations, while others may vote by post or proxy. Despite these provisions, many patients and healthcare professionals remain unaware of their rights. Mental health nurses play a crucial role in educating and assisting patients with the voting process, helping them register and obtain necessary voter ID. Promoting voting rights for mental health patients is essential for social inclusion and democracy, and as elections approach, it is crucial that mental health services are prepared to support and encourage patient participation.

The Impact Of Article 3 On Detained Mental Health Patients

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.