Schizophrenia, human rights and access to health care: A systematic search and review of judgements by the European Court of Human Rights

Moritz E Wigand, Marcin Orzechowski, Marianne Nowak, Thomas Becker and Florian Steger

International Journal of Social Psychiatry, 2021, vol. 67, issue 2, 168-174

Abstract: Background: Persons with schizophrenia are vulnerable regarding human rights violations. Aims: The aim of this research is to systematically analyse judgements by the European Court of Human Rights (ECtHR) involving persons with schizophrenia. Methods: A systematic search of judgements by the ECtHR, using the search term ‘schizophrenia’. Descriptive statistics and a qualitative thematic analysis were performed. Results: A total of n  = 105 judgements were included, originating in n  = 29 countries. Article 5 (Right to liberty and security) of the European Convention on Human Rights was ruled by the ECtHR to have been violated in 45.7% of judgements, Article 3 (Prohibition of torture) in 20.0% and Article 8 (Right to respect for private and family life) in 19.0%. Relevant themes were inadequate access to mental health care, especially in prisons and during police operations, involuntary confinement, detention and ill-treatment as a risk factor for psychosis, the right to family life versus the rights of others, extradition/expulsion and protection of other persons’ human rights against violent behaviour by persons with schizophrenia. Discussion: Persons with schizophrenia often do not receive adequate treatment and are especially vulnerable in prisons, where ill-treatment can be an additional risk factor. They can have both offender and victim status. The judgements suggest that the ECtHR has a balanced view on involuntary confinement. National legislation and internal hospital guidelines should be written in a manner to help minimise human rights violations against persons with schizophrenia.

Keywords: Psychiatric ethics; law; torture; involuntary confinement; structural stigma (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:sae:socpsy:v:67:y:2021:i:2:p:168-174

DOI: 10.1177/0020764020942797

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