ABSTRACT
Human rights are secured in law and include civil and political rights as well as economic and social rights. It is fair to say that, until recently, ethics and human rights have rarely been an important consideration in the field of mental health. Human rights are interdependent and interrelated i.e. if one right is fulfilled it aids the achievement of others and, conversely, if one right is denied it makes the fulfilment of others more challenging. Mental Health Tribunals (MHTs) are independent judicial organizations that deal with one of the fundamental human rights: the right to liberty. Particularly challenging in mental health care, with reference to the use of detentions under the mental health act, is the conflict between any perceived clinical need for intervention, versus a person's right to liberty. Vitally the human right to liberty and autonomy, if removed by mental health legislative frameworks, allows an appeals process through that of a mental health tribunal.
