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Mental Disability and the European Convention on Human Rights


ISBN13: 9789004154230
ISBN: 900415423X
Published: October 2006
Publisher: Brill Nijhoff
Country of Publication: The Netherland
Format: Hardback
Price: £192.00



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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.

Subjects:
Human Rights and Civil Liberties, Mental Health Law
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.