Mental disability has come of age as a subject of concern under the European Convention on Human Rights. It was only in 1979 that the first significant decision of the ECHR was decided on the subject, and after that, cases were relatively few for many years. It is only recently that this has begun to change. This volume provides an account of where the law currently stands and speculation as to how it may develop. The initial chapters deal with substantive aspects of Convention rights (including issues of detention in institutions, conditions within institutions, medical treatment, problems associated with guardianship and others). The final two chapters move to discuss the practicalities of litigation. The book concludes with a number of appendices (primarily the primary international legal materials of relevance to mental disability rights under the ECHR, and the relevant recommendations and principles from the Council of Europe). It is hoped that this volume, in addition to shedding light on where the law currently stands, will offer practical guidance to lawyers concerning the mechanics of representing people with mental disabilities.
"The human rights of people with mental disabilities are too often forgotten or even ignored. This book will become an essential resource when these human rights issue now, at long last, will be raised." – Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe
"This excellent publication is an essential companion to the burgeoning jurisprudence on the human rights of people with mental disabilities under the European Convention." – Paul Hunt, United Nations Special Rapporteur on the Right to the Highest Attainable Standard of Health
"The authors do an excellent job of identifying key human rights issues regarding people with mental disabilities and at revealing how particular Convention articles are, or could be, used to address those issues. Practitioners and academics working in this area, or considering future involvement, will find this book indispensable." – Lisa Waddington, European Disability Forum Chair in European Disability Law,
Maastricht University "An excellent combination of academic objectivity, scholarly impartiality and passionate commitment for the cause of our fellow citizens with mental disabilities." – Károly Bárd, Chair of the Human Rights Program,
Central European University, Budapest
Table of contents
About the Authors; About the Artist; Acknowledgements; Foreword by
Sir Nicholas Bratza; Table of Cases; Table of International Instruments; List of Abbreviations; Note on Language and Terminology; Chapter One Introduction: The European Convention on Human Rights and Mental Disability; Chapter Two Admission to and Discharge from Psychiatric and Related Institutions; Chapter Three Inside Institutions: Institutional Standards and Institutional Controls; Chapter Four Medical Treatment; Chapter Five Life and Death; Chapter Six Legal Capacity, Guardianship and Supported
Decision-Making; Chapter Seven Participation in Society; Chapter Eight Procedure of the European Court of Human Rights; Chapter Nine Representing People with Mental Disabilities; Chapter Ten Conclusion; Appendices; Index.