Stanev v Bulgaria 36760/06 [2012] ECHR 46, [2012] MHLO 1

(1) The applicant's placement in a social care home for people with mental disorders and his inability to obtain permission to leave the home led to breaches of Article 5(1), (4) and (5). (2) The living conditions in the home led to breaches of Article 3, and of Article 13 in conjunction with Article 3. (3) The lack of access to a court to seek release from partial guardianship breached Article 6(1). (4) No separate issue arose under Article 8 so it was unnecessary to examine that complaint. (5) Compensation of €15,000 was awarded.

External links

BAILII!

European Court of Human Rights, 'Bulgaria breached human rights of man forced to live for years in inhuman conditions in psychiatric institution' (press release, 17/1/12)

Lucy Series, 'Mr Stanev's fine achievement' (The Small Places Blog, 20/1/12)

Mental Disability Advocacy Center, 'Europe’s highest human rights court issues landmark disability rights ruling' (17/1/12)

Neil Munro, 'Stanev v Bulgaria' (commentary) (Mental Health and Mental Capacity Law Blog, 19/1/12)