ABSTRACT
To date, the most significant area of impact has been in relation to the right to liberty. Article 5(1) provides that: ‘Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law.’ Paragraph (e) goes on to provide for ‘the lawful detention of … persons of unsound mind …’. The term ‘unsound mind’ is not defined in the Convention, as the term ‘mental illness’ is not defined in s 1 of the Mental Health Act 1983. The proposals for reform of the Mental Health Act advocate a broad definition of mental disorder to cover ‘any disability or disorder of mind or brain, whether permanent or temporary, which results in an impairment or disturbance of mental functioning’.94
