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The draft mental health bill could threaten people’s human rights, the House of Commons joint committee on human rights has warned, writes Katie Leason.

The committee refers to a number of matters in its 25th report which "still cause us some concern on human rights grounds".

It warns that the proposed definition of mental disorder is "over-inclusive" and could potentially cover a number of conditions, which would not normally be characterised as mental disorders.

Under the draft bill, the range of conditions covered by the definition of mental disorder could include addiction and learning disorders, and could also include illnesses which affect organs other than the brain, but interfere with mental functioning.

The report also states that the range of conditions could even encompass diabetes if the patient was suffering a hyperglycaemic attack which interfered with brain function.

The committee concludes that the definition "goes much further than necessary to ensure that dangerous people can be removed from situations in which they put themselves or others at risk", and recommends it be reviewed.

"In our view it would unduly interfere with the right of people suffering from disorders which do not normally affect mental function to control the kinds of treatment which they accept."

The committee finds that according to the draft bill, people with severe personality disorders could be detained for preventive reasons, and recommends that when the government introduces the bill to parliament it should make publicly available an "account of risk factors" to be used in assessing such cases and their reliability.

In addition, it concludes that the right of patients to give directions about their future treatment when they are capable of doing so should be respected, and warns that without an independent specialist commission, mental health patients may not be sufficiently protected.

To read the report in full click here