Atudorei v Romania 50131/08 [2014] ECHR 947

Breach of Articles 5 and 8, but not Article 8, relating to hospital admission.

MHLR

The summary below has been supplied by Kris Gledhill, Editor of the Mental Health Law Reports. The full report can be purchased from Southside Online Publishing (if there is a "file not found" error, it means this particular report is not yet available online). Other case summaries from the year 2018 are available here: MHLR 2018. 

Atudorei v Romania – ECtHR – [2018] MHLR 1
Points: The placement of a young adult in a public psychiatric hospital and treatment on the basis of parental consent breached Art 5(1): it breached domestic law as inadequate reasons were provided for detention and no independent review by a medical commission or authorisation by a court; and the necessity of detention was not demonstrated. There was also a breach of Art 8 from treatment without consent in breach of domestic law. The use of Clozapine did not arise to the severity necessary to breach Art 3.

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