Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings
A conclusion that a mental disorder is of such a kind or degree as to warrant compulsory confinement can only be justified if other, less severe measures, have been considered and found to be insufficient to safeguard the person of unsound mind.
Citations:
[2000] ECHR 140, 26629/95, [2000] ECHR 141
Links:
Statutes:
European Convention on Human Rights 5(1)(e)
Cited by:
Cited – G v E and Others CA 16-Jul-2010
E, now aged 19, suffered a genetic disorder leading to severe learning disability and lack of mental capacity. He had been in the care of his sister, the appellant, but had been removed by the local authority when his behaviour became disturbed. G, . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Health
Updated: 04 June 2022; Ref: scu.165850