European Court of Human Rights and Mental Health

Anselm Eldergill is a judge in the Court of Protection and a professor at University College London. Before becoming a judge, for many years he was ranked No.1 in mental health law and healthcare law in Chambers and Partners and was President of both the Mental Health Lawyers Association and the Institute of Mental Health Act Practitioners. Anselm is returning to legal practice in September 2024 and will be concentrating on international human rights work, drafting legislation, chairing independent inquiries and hearings and professional training. He can be contacted at medicolegal@email.comMatthew Evans is a solicitor and director of the AIRE Centre. He was awarded human rights lawyer of the year in the Law Society Excellence Awards 2020. Previously, Matthew was managing director at the Prisoners Advice Service and in private practice. Eleanor Sibley is a barrister at Garden Court Chambers and at the AIRE Centre. She practises mainly in Court of Protection, public, human rights, and EU law, with an emphasis on cases concerning mental capacity, deprivation of liberty, social and health care.

This is a magisterial work which is essential reading for those practising in the area of mental disability.

• 1 IntroductionPart One – Themes2 Hospitals, Treatment and Social Care3 Legal Capacity and Civil Rights4 The Criminal Law5 Family Life, Private Life, Self-Expression6 Extradition and DeportationPart Two – The Case Law Article by Article7 Article 2 – Right to Life8 Article 3 – Prohibition of Torture9 Article 5 – Right to Liberty and Security10 Article 6 – Right to a Fair Trial 11 Articles 8 and 12 – Right to Respect for Private and Family Life12 Other Articles