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Eleanor Roosevelt, 1958

'Where, after all, do universal human rights begin? In small places, close to home -- so close and so small that they cannot be seen on any map of the world. Yet they are the world of the individual person... Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.' Eleanor Roosevelt, 1958

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Showing posts with label compulsory treatment. Show all posts
Showing posts with label compulsory treatment. Show all posts

Friday, 27 July 2012

Some good news, some interesting news, and an appeal for information!

In case you haven't already visited the University of Nottingham's Mental Health and Capacity Law blog, can I point you towards two great blog posts on two great ECtHR rulings.  The first is X v Finland, a case concerning the application of Article 8 ECHR to forced treatment.  The ruling found that because forced treatment was an interference with a person's Article 8 rights, 'the domestic law must provide some protection to the individual against arbitrary interference with his or her rights under Article 8' [217].  The court was particularly concerned that 'the applicant did not have any remedy available whereby she could require a court to rule on the lawfulness, including proportionality, of the forced administration of medication and to have it discontinued' [220]. Over at the Mental Health and Capacity Law Blog it is suggested that this may have repercussions for compulsory treatment under the Mental Health Act 1983, because although we have - on paper - Wilkinson hearings, 'It is difficult to see that Wilkinson offers the sort of serious and practical legal challenge to involuntary treatment that the court in X would seem to want.'