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Full Description
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.
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.
