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by Dr Aileen Blower and
Dr Tina Irani
Last reviewed: March 2017
Scotland has its own legal system and a
parliament with responsibility over devolved matters including
health, education, justice and social work. Psychiatrists who work
in any jurisdiction must adhere to the ‘law of the land’ as
well as universal professional codes of ethics and guidelines.
Several areas of Scottish legislation directly
concern children with mental disorders. These include mental health
and children’s legislation, as well as laws affecting capacity. Due
to the necessarily piecemeal introduction of legislation, the age
of childhood varies across different laws. However, in
devising recent legislation, efforts have been made to achieve
consistency and adherence to internationally accepted
principles of human rights.
Of particular relevance to children are the
rights to life, the right to not be subjected to inhuman or
degrading treatment, and the right to respect for private
and family life. In addition, when adults make decisions affecting
children the welfare of the child is paramount and children are
expected to participate as much as possible. The Children and Young
People (Scotland) Act 2014 has brought together children’s services
and children’s rights into a single comprehensive framework.
This module will summarise key Scottish
legislation and its relevance for assessment and management of
children and young people.
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Part 3 by Dr
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