European Court of Human Rights and Mental Health

Description

How does the European Convention on Human Rights apply to people who suffer mental ill-health or are alleged to be affected by such a condition? The last few years have seen a raft of important judgments from Strasbourg concerning the rights of people with mental health issues. This book provides a practical and critical analysis of obligations arising from the rights to life, freedom from inhuman or degrading treatment, liberty and security of the person, family and private life, and other ECHR rights. It considers the impact of human rights and mental health in the context of criminal law, family law and Court of Protection issues. The authors give an article-by-article summary of the most important case law, as well as a thematic summary, drawing together issues relevant to practitioners specialising in mental health law as well as legal practitioners working in fields that require knowledge of Strasbourg jurisprudence on mental health including Court of Protection, family and criminal practitioners.

Anselm Eldergill is a judge in the Court of Protection and a professor at University College London. Before becoming a judge, for many years he was ranked No.1 in mental health law and healthcare law in Chambers & Partners and was President of both the Mental Health Lawyers Association and the Institute of Mental Health Act Practitioners. In 2018, he was the only Commonwealth judge appointed to the United Nations Expert Committee on Capacity and Access to Justice. Anselm can be contacted on medicolegal@email.com Matthew Evans is a solicitor and director of the AIRE Centre. He was awarded human rights lawyer of the year in the Law Society Excellence Awards 2020. Previously, Matthew was managing director at the Prisoners Advice Service and in private practice. Eleanor Sibley is a barrister at Field Court Chambers and at the AIRE Centre. She practises mainly in Court of Protection, public, human rights, and EU law, with an emphasis on cases concerning mental capacity, deprivation of liberty, social and health care.