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Psychiatric commitment: Over 50 years of case law from the European Court of Human Rights

Published online by Cambridge University Press:  16 April 2020

G. Niveau  and
J. Materi
G. Niveau*
Affiliation:
Department of Community Health and Medicine, Faculty of Medicine, Geneva, Switzerland
J. Materi
Affiliation:
Department of Community Health and Medicine, Faculty of Medicine, Geneva, Switzerland
*
*Corresponding author. Present address: IUML, Avenue de Champel 9, 1211 Geneve 4, Switzerland. Tel.: +41 22 3795581; fax: +41 22 7892417. E-mail address: [email protected] (G. Niveau).
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Abstract

Purpose

To extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry.

Method

Using keywords to search the ECHR computerised database “HUDOC”, we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court.

Results

Of the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. 41 of these applications were considered by the Court to be inadmissible. 24 other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated.

Discussion

The ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of “unsoundness of mind”; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment.

The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country.

Conclusion

The possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organisations or individual intervening parties.

Keywords

Human rightsCommitment of mentally illJurisprudence
Type
Legal Issues
Information
European Psychiatry , Volume 22 , Issue 1 , January 2007 , pp. 59 - 67
Copyright
Copyright © Elsevier Masson SAS 2007

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References

Davidson, L.Human rights vs. public protection. English mental health law in crisis? International Journal of Law and Psychiatry 2002;25:491–515.CrossRefGoogle ScholarPubMed
Derivery, C., Bernardet, P.Enfermez-les tous! -Psychiatrie, le scandale des internements abusifs. Paris: Robert Laffont; 2001.Google Scholar
Dougin, A.M.Legal protection in psychiatry. The case law of the organs of the European Convention of Human Rights. European Psychiatry 1998;13:101s–106s.CrossRefGoogle ScholarPubMed
European Court Of Human Rights, http://www.echr.coe.int.Google Scholar
Fennell, P.Doctor knows best? Therapeutic detention under common law, the Mental Health Act, and the European Convention. Medical Law Review 1998;6:322–353.CrossRefGoogle ScholarPubMed
Fennell, P.The third way in mental health policy: negative rights, positive rights, and the Convention. Journal of Law and Society 1999;26:103–127.CrossRefGoogle ScholarPubMed
Gostin, L.O.Human rights of persons with mental disabilities. The European Convention of Human Rights. International Journal of Law and Psychiatry 2000;23:125–159.CrossRefGoogle ScholarPubMed
Gostin, L.O., Gable, L.The human rights of persons with mental disabilities: a global perspective on the application of human rights principles to mental health. Maryland Law Review 2004;63:20–121.Google ScholarPubMed
Harding, T.W.The application of the European Convention of Human Rights to the field of psychiatry. Medicine and the Law 1990;9:1078–1098.Google ScholarPubMed
Harding, T.W.Human rights law in the field of mental health: a critical review. Acta Psychiatrica Scandinavia Suppl. 2000;399:24–30.CrossRefGoogle Scholar
Niveau, G.Preventing human rights abuses in psychiatric establishments: the work of the CPT. European Psychiatric 2004;19:146–154.CrossRefGoogle ScholarPubMed
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