Atudorei v Romania 50131/08 [2014] ECHR 947

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

Essex search

This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Law Newsletter' (issue 50, October 2014)

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.

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Deprivation of liberty🔍

Date: 16/9/14🔍

Court: European Court of Human Rights🔍

Judge(s):

• Josep Casadevall🔍
• Alvina Gyulumyan🔍
• Jan Sikuta🔍
• Luis Lopez Guerra🔍
• Johannes Silvis🔍
• Valeriu Gritco🔍
• Iulia Antoanella Motoc🔍
• Fatos Araci🔍

Parties:

• Atudorei🔍
• Romania🔍

Citation number(s):

• [2014] ECHR 947^B
• [2018] MHLR 1

What links here:

• MHLR 2018

Published: 3/11/18 23:16

Cached: 2024-12-20 06:22:55