Atudorei v Romania 50131/08 [2014] ECHR 947

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

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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). More similar 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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Full judgment: BAILII

Subject(s):

  • Deprivation of liberty🔍

Date: 16/9/14🔍

Court: European Court of Human Rights🔍

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Published: 3/11/18 23:16

Cached: 2022-05-28 22:41:50