chapter  12
20 Pages

THE IMPACT OF THE HUMAN RIGHTS ACT 1998 ON MENTAL HEALTH LAW: PART II

ByLaura Davidson

Chapter 11 discussed Art 5(1) of the European Convention on Human Rights (ECHR) in the context of the rights of those with mental disorder. This chapter will first discuss the right to review of detention under Art 5(4), then Arts 3 and 8, which may be applicable to those with mental disorder, will be examined in the context of the European Court of Human Rights (the Court) jurisprudence.1