Current status: Answered by Humza Yousaf on 14 March 2019
To ask the Scottish Government what role the European Convention on Human Rights (ECHR) has in ensuring that an individual’s right to privacy about their mental health is protected, where appropriate, in the criminal justice system.
The European Convention on Human Rights is incorporated in the law of Scotland, as in the other legal systems of the UK, by the Human Rights Act 1998. Under the terms of this legislation it is unlawful for a public authority to act in a way which is incompatible with a Convention right. "Public authorities" include a court or tribunal, and any person certain of whose functions are functions of a public nature.
Moreover the Scottish Parliament and the Scottish Ministers may not act incompatibly with the Convention, under the terms of the Scotland Act 1998.
Should an individual feel that his or her rights provided by the Convention are not being protected, ultimately his or her recourse is through the courts.