The ECHR and mental health law

The following are the ECHR Articles most relevant to mental health law:

• Article 2 – Right to life
• Article 3 – Prohibition of torture
• Article 5 – Right to liberty and security
• Article 6 – Right to a fair trial
• Article 8 – Right to respect for private and family life
• Article 14 – Prohibition of discrimination

The Human Rights Act 1998 obliges UK courts and public authorities to act consistently with Convention rights. Under s2 HRA, UK courts must take into account ECHR decisions. Under s3 HRA, legislation must be read and given effect in a way which is compatible with the Convention rights. Under s4, if a provision of primary legislation is incompatible with a Convention right then the court will make a "declaration of incompatibility". [ETC.]

The following cases led to declarations of incompatibility:

• R (H) v MHRT North and East London Region [2001] EWCA Civ 415 — Section 73 incompatible with Article 5 because burden of proof was placed on patient.§
• R (D) v SSHD [2002] EWHC 2805 (Admin) — Parole Board and Mental Health Tribunal.§