Английская Википедия:HL v United Kingdom
Шаблон:Use dmy dates Шаблон:Infobox Court Case In the case HL v United Kingdom (45508/99) the European Court of Human Rights found that the informal admission to a psychiatric hospital of a compliant but incapacitated adult was in contravention of Article 5 of the European Convention on Human Rights. The court found that the distinction between actual and potential detention relied upon by the UK House of Lords in their ruling that HL had not been detained in R v Bournewood Community and Mental Health NHS Trust was not of central importance under Article 5. The European Court also held that the practice of informal admission of compliant but incapacitated adults who were de facto detained was not 'in accordance with a procedure described by law' and thus was not lawful under the Convention.[1]
The case resulted in major changes to the admission procedures for incapacitated adults to care homes and hospitals in the UK where they are, or may be, deprived of their liberty (see Deprivation of Liberty Safeguards).
See also
- European Court of Human Rights
- European Convention of Human Rights
- R v Bournewood Community and Mental Health NHS Trust
- Involuntary commitment
External links
- Official transcript on Bailii
Notes
- ↑ HL v. UK (2004) - App no 45508/99; 40 EHRR 761
- Английская Википедия
- European Court of Human Rights cases involving the United Kingdom
- Article 5 of the European Convention on Human Rights
- Mental health legal history of the United Kingdom
- United Kingdom disability case law
- Mental health case law
- 2004 in United Kingdom case law
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- Страницы с телепортом
- Википедия
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- Статья из Английской Википедии
