Convention rights and issues I need to consider

Articles 2 Right to life, 3 Prohibition of torture, 5 Right to liberty, 8 Respect for private and family life, 34 Right of individual application

In addition to the general issues arising on any deprivation of liberty previously set out, the following issues arise:

  • Was the detention properly authorised on medical advice?
  • Is the medical necessity for the detention regularly monitored?
  • Is any force used to restrain the patient medically sanctioned and proportionate to the need?
  • Does the patient or his/ her family have adequate rights to challenge the continuing need for his/her detention?
  • Have they been informed of these rights?

Please note
References to article numbers are to the European Convention on Human Rights except where a Protocol is specified.
The issues listed are not exhaustive.