Published: 1 Dec 2006 | By Anton Burkov

Compulsory hospitalisation of persons of unsound mind in accordance with Article 5


The detention of a person of unsound mind is regulated by Article 5 of the ECHR, which stipulates that detention must be ‘lawful’ and ‘in accordance with procedure prescribed by law’. Within this, there are a number of considerations to be taken into account, including the distinction between procedural and material lawfulness.

In this article, Anton Burkov considers the issues surrounding the detention of persons of unsound mind, with particular reference to the case of Winterwerp v Netherlands. To read the full article, click on the link below.