The European Court of Human Rights and the Incompetent Patient

Gevers,

doi:10.1163/1571809042388617

Eur J Health Law

2004

DOI: 10.1163/1571809042388617

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The European Court of Human Rights and the Incompetent Patient

Gevers Gevers¹

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“…8Certain procedural protections are required if incapacitated persons are detained ( H.L. v. the United Kingdom, 2004; see also Gevers, 2004). …”

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Incapacity principles in mental health laws in Europe.

Dawson

Kampf

2006

Psychology, Public Policy, and Law

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Many North American jurisdictions permit involuntary psychiatric treatment to proceed only when a person lacks the capacity (or competence) to consent or when an emergency exists, even following lawful civil commitment. This may prevent the rapid commencement of treatment, but it shows considerable respect for personal autonomy, and it brings mental health law more into line with other branches of health care law. The authors examine how these issues are handled within European human rights law and within the civil codes and involuntary hospitalization laws of selected European nations. This material reveals that many different approaches are taken to the inclusion of incapacity principles within European civil commitment regimes. Reliance on incapacity criteria may lead to greater professional involvement by psychologists in involuntary treatment decisions.

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“…8Certain procedural protections are required if incapacitated persons are detained ( H.L. v. the United Kingdom, 2004; see also Gevers, 2004). …”

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confidence: 99%

“…Certain procedural protections are required if incapacitated persons are detained (H.L. v. the UnitedKingdom, 2004; see alsoGevers, 2004). 9 Note that this convention has not been ratified by the European countries investigated below.…”

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confidence: 99%

Incapacity principles in mental health laws in Europe.

Dawson

Kampf

2006

Psychology, Public Policy, and Law

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Withdrawing Life Support from Patients in a Persistent Vegetative State: the Law in The Netherlands

Gevers

2005

Eur J Health Law

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This article sets out how a case like that of ms. Schiavo is likely to be decided in a Dutch court and compares that with the law in the United States. In the Netherlands there is one case with striking similarities: the decision of the Arnhem Court of Appeal of 1989. After describing that case (which to a large extent still reflects the legal state of the art), comments are given on several aspects of the issue, such as the labelling of artifical feeding as a medical intervention, the role of the physician, the position of the proxy or surrogate, the ways to resolve dispute in case of conflict, and the significance of advance directives. The analysis will show that, although there is more consensus on the issue now than there was 16 years ago, there are still several questions that need to be addressed in the future.

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The European Court of Human Rights and the Incompetent Patient

Cited by 2 publications

References 0 publications

Incapacity principles in mental health laws in Europe.

Incapacity principles in mental health laws in Europe.

Withdrawing Life Support from Patients in a Persistent Vegetative State: the Law in The Netherlands

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