European Court of Human Rights and Mental Health

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Professor Anselm Eldergill (District Judge, COP, UK) Matthew Evans (Director AIRE Centre, UK)

European Court of Human Rights and Mental Health

Professor Anselm Eldergill (District Judge, COP, UK), Matthew Evans (Director AIRE Centre, UK), Eleanor Sibley (Garden Court Chambers, UK)

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English

Bloomsbury Professional
31 October 2024

Law; Criminal law & procedure; Family law; Mental health law

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.

This title is included in Bloomsbury Professional's Family Law online service.

By: Professor Anselm Eldergill (District Judge COP UK), Matthew Evans (Director AIRE Centre, UK), Eleanor Sibley (Garden Court Chambers, UK)
Imprint: Bloomsbury Professional
Country of Publication: United Kingdom
Dimensions: Height: 248mm, Width: 156mm, Spine: 25mm
Weight: 600g
ISBN: 9781526524195
ISBN 10: 1526524198
Pages: 1376
Publication Date: 31 October 2024
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

1 Introduction Part One – Themes 2 Hospitals, Treatment and Social Care 3 Legal Capacity and Civil Rights 4 The Criminal Law 5 Family Life, Private Life, Self-Expression 6 Extradition and Deportation Part Two – The Case Law Article by Article 7 Article 2 – Right to Life 8 Article 3 – Prohibition of Torture 9 Article 5 – Right to Liberty and Security 10 Article 6 – Right to a Fair Trial 11 Articles 8 and 12 – Right to Respect for Private and Family Life 12 Other Articles

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 and Partners and was President of both the Mental Health Lawyers Association and the Institute of Mental Health Act Practitioners. Anselm is returning to legal practice in September 2024 and will be concentrating on international human rights work, drafting legislation, chairing independent inquiries and hearings and professional training. He can be contacted at 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 Garden 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.