Publication of a report on the case-law of the European Court of Human Rights related to mental healthcare

Publication of a report on the case-law of the European Court of Human Rights related to mental healthcare

Following a request by the Committee of Ministers to the Steering Committee for Human Rights in the Fields of Biomedicine and Health (CDBIO), a research report on the case-law of the European Court of Human Rights (“the Court”) on "The rights of persons subject to non-consensual placement and treatment in mental health facilities” has just been published.

This report, prepared by the Research Unit of the Court, provides an overview of the case-law under Articles 3, 5 and 8 of the Convention related to mental health, in particular with regard to involuntary placement and involuntary treatment of persons with mental disorder in healthcare facilities.

23 May 2023
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The report first outlines the case-law concerning involuntary placement in mental healthcare facilities under Article 5 § 1 of the Convention as well as concerning the involuntary examination of a person’s mental health under Article 8 of the Convention.

Secondly, it explores the case-law related to involuntary treatment in mental healthcare facilities. In this regard, the key principles are set out concerning the States’ obligation to provide detainees with a mental disorder with adequate medical care under Article 3 of the Convention. The report then focuses on how the place and conditions of detention affect the lawfulness of detention under Article 5 § 1 of the Convention and focuses on the case-law developed under Articles 3 and 8 of the Convention in relation to involuntary treatment of persons within mental healthcare facilities.

Finally, it briefly mentions some other issues related to private life which may be relevant in respect of rights of persons placed in healthcare facilities.