Capacity, Treatment and Human Rights

Authors

  • Peter Bartlett University of Nottingham

DOI:

https://doi.org/10.19164/ijmhcl.v1i10.146

Abstract

R (on the application of PS) v. G (RMO) and W (SOAD) [2003] EWHC 2335 (Admin). Administrative Court (10th October 2003) Mr. Justice Silber.

This is the most recent in a series of cases regarding the scope of the Human Rights Act and compulsory treatment under the Mental Health Act 1983. In particular, this case concerns the right of a competent patient detained under section 37 of the Mental Health Act 1983 (MHA) to refuse anti-psychotic medication, and the scope of articles 3, 8 and 14 of the ECHR.

Author Biography

Peter Bartlett, University of Nottingham

Senior Lecturer, School of Law; Co-author ‘Mental Health Law Policy and Practice’, Oxford Publishing Press

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Published

2014-09-04

Issue

Section

Casenotes