On 26 November 2024, 25 judges and prosecutors in Romania attended the launch of the Council of Europe HELP course on Mental Health and Human Rights.
The launch was organised given the many issues identified by the Committee for the Prevention of Torture and in relation to which the European Court of Human Rights (ECHR) has found violations in several cases. The implementation of these judgment against Romania are currently under the enhanced supervision of the Council of Europe’s Committee of Ministers.
The event was held at the premises of the Romanian National Institute of Magistracy, in Bucharest. The launch began with introductory remarks from Marian Trușcă, Vice-Director of the Institute. He talked about the extensive collaboration between the institute and the HELP Programme, as well as about the importance of training judges and prosecutors in relation to the rights of persons with mental health issues, given the many deficiencies encountered at the national level, which include inappropriate deprivation of legal capacity, forced treatment and forced hospitalisation.
He was followed by Sebastian Mangrău from the Council of Europe’s Department of Execution of Judgments, who went through relevant case-law on Romania, and emphasised the need to collaborate with the Romanian authorities to address important problems, such as the lack of appropriate treatment and medical care, illegal deprivation of liberty and overcrowding and poor conditions in psychiatric facilities. He mentioned cases such as Centre for Legal Resources on behalf of Mr Valentin Câmpeanu v Romania (2014), N. (no. 2) v Romania (2021) and R.D. and I.M.D. v Romania (2021).
Oana Ezer, Government Agent of Romania before the ECHR, talked about the commitment of the authorities to collaborate in relation to the implementation of existing judgment. She also discussed the importance of training legal professionals on the matter and encouraged judges to apply the European Convention on Human Rights. Georgiana Pascu from the Centre for Legal Resources discussed her experience in the promotion of the rights of people with mental health problems in Romania, including on the lack of appropriate treatment and rehabilitation therapies for children, who are therefore deprived of the possibility to live an independent life; the lack of appropriate community-based services which makes it difficult for people to leave institutions and the difficulties of ensuring the adequate enjoyment of legal capacity.
Simona Florescu from the Validity Foundation discussed further case law which reached the ECHR in relation to other member states, touching upon cases such as V. v. the Czech Republic (2023) (the death of a man in a psychiatric hospital following a police intervention), Validity Foundation on behalf T.J. v Hungary (2024) (the death of a woman in a psychiatric institution given poor conditions and Lavorgna v. Italy (2024) (about inadequate use of restraint in a psychaitric hospital).
Beatrice Gabriela Ioan, member of CDBIO, professor and forensic doctor, looked at the role of medical expert reports brought before courts in cases involving people with mental health issues, she described the approach medical professionals take and the practices among different institutions in Romania. Constantin Cojocariu, from the Social Rights Department of the Council of Europe, talked about relevant provisions of the European Social Charter, focusing on the access to mental health care, the rights of elderly persons and deinstitutionalisation.
Raluca Radu, trainer with the Romanian National Institute of the Magistracy, looked at particularly relevant provisions of the domestic law, focusing on the domestic legislation which is claiming to promote the right to enjoy legal capacity. She looked at the existing provisions and at difficulties faced by legal professionals in practice.
During the launch event, the participants also got acquainted with the HELP programme and its e-learning platform, which offers over 50 online courses on human rights. Furthermore, the group met its HELP tutors, Beatrice Ramascanu, judge and trainer with the Romanian National Institute of the Magistracy and Cătălin Popescu, former Deputy at the Prosecutor's Office attached to the High Court of Cassation and Justice. They talked to the participants about their background and interests and presented some insights into the matters to be approached during the course.
The tutors will provide the participants with support and guidance during the following weeks. During the launch event, all participants have been registered on the dedicated course page and are now ready to start the tutored course. HELP certificates, issued by the Council of Europe, will be awarded to those who successfully complete the course.
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The HELP course on Mental Health and Human Rights aims to increase the knowledge of legal and health professionals and other relevant stakeholders on applicable human rights standards relevant for persons with mental health issues. In addition to the focus on Council of Europe instruments, particularly the European Convention on Human Rights and the case law of the European Court of Human Rights, the course also examines relevant international standards and documents developed under the auspices of the United Nations (UN) agencies and by the European Union (EU).
The course is primarily addressed at legal/justice professionals (judges, prosecutors, lawyers, court staff), but also to doctors and other health professional working in mental health care. It could also serve to train policymakers, national human rights institutions, as well as civil society organisations, university students, EU/CoE staff or anybody interested on the topic.
This HELP course was developed in 2024 by the Human Rights Education for Legal Professionals (HELP) Programme of the Council of Europe, in close cooperation with the Council of Europe’s Steering Committee for Human Rights in the fields of Biomedicine and Health (CDBIO). The topics are explored in a practical way by using presentations, interactive screens, knowledge tests and reflective exercises, enabling the users to apply the gained knowledge and skills.
The course is available in self-learning format, having a duration of 8 hours. It can be followed in English, with translations being in progress. Upon completion, users can generate their electronic Statements of Accomplishment, in proof of their acquired knowledge and skills.
HELP courses are intended, in the long term, to become an integral part of the overall learning curricula of the national training institutions and/or other competent authorities of the CoE member states and beyond.
