ECHR Article 41
Just satisfaction
Award in respect of non-pecuniary damage to be paid to legal guardian for use in best interests of legally incapacitated mental patient
Facts – In 2000 a district court declared the applicant, who was suffering from schizophrenia, legally incapacitated. His father was subsequently appointed as his legal guardian. Two applications were lodged seeking to restore the applicant’s legal capacity. In 2002 the applicant was placed in a psychiatric hospital following a medical hospitalisation order. In 2003 his daughter was appointed as his legal guardian and he was discharged from hospital.
Law – The Court found violations of Articles 8, 5 – 1 and 5 – 4 of the Convention.
Article 41: Taking into account the cumulative effect of the violations of the applicant’s rights, their duration, and the fact that the applicant had been in a particularly vulnerable situation, the Court awarded him EUR 25,000 in respect of non-pecuniary damage.
It further ruled that if the applicant was still legally incapacitated when the award was paid, the Government should ensure that it was transferred to the guardian on the applicant’s behalf and in his best interest.
Citations:
33117/02 – Legal Summary, [2013] ECHR 282
Links:
Statutes:
European Convention on Human Rights 41
Human Rights
Updated: 14 November 2022; Ref: scu.472440
