Human rights and mental health law - challenging compulsory detention under Article 5 of the ECHR: a comparative study of the law in Ireland and England

Boland, Faye and Laing, Judith M. 2001. Human rights and mental health law - challenging compulsory detention under Article 5 of the ECHR: a comparative study of the law in Ireland and England. Contemporary Issues in Law 5 (3) , pp. 151-188.

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Abstract

This article examines the existing mechanisms for reviewing the compulsory detention of psychiatric patients in Ireland and England and Wales and their effectiveness in safeguarding patients from unjustified confinement. Particular attention is given to the compatibility of the safeguards in both jurisdictions with Article 5 of the European Convention on Human Rights, which has acquired added significance in light of the enactment of the Human Rights Act 1988 in the United Kingdom. The article then explores the extent to which the shortcomings of the existing safeguards will be addressed by recent reform proposals in both jurisdictions. Particular attention will be given to the compliance of the reform proposals with Article 5 of the European Convention on Human Rights and to their likely effectiveness in terms of protecting patients from unjustified detention.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General)
Publisher:	Lawtext Publishing
ISSN:	1357-0374
Related URLs:	Publisher
Last Modified:	10 Oct 2017 15:43
URI:	https://orca.cardiff.ac.uk/id/eprint/60349

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