X v. Finland - 34806/04 - CLIN [2012] ECHR 1998 (03 July 2012)

X v. Finland - 34806/04 - CLIN [2012] ECHR 1998 (03 July 2012)

The lack of independent review and absence of remedies for the applicant to challenge her continued confinement and forced medication rendered the interference arbitrary and not in accordance with the law, violating Articles 5 and 8.

Citation
[2012] ECHR 1998
Parties
Applicant: X; Respondent: Finland
Jurisdiction
European Union
Judgment Date
03 July 2012
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation of Article 5 and Article 8 unanimously found
Legal Topics
Forced Confinement, Forced Medication, Right to Private Life, Protection Against Arbitrariness
Human Rights Mental Health Law Forced Confinement Forced Medication Right to Private Life Protection Against Arbitrariness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

X

Applicant

Finland

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the applicant's involuntary confinement violated Article 5 of the European Convention on Human Rights
  2. 2 Whether the forced administration of medication violated Article 8 of the European Convention on Human Rights

Ratio Decidendi

The lack of independent review and absence of remedies for the applicant to challenge her continued confinement and forced medication rendered the interference arbitrary and not in accordance with the law, violating Articles 5 and 8.

Court Disposition

violation of Article 5 and Article 8 unanimously found

Orders

  • EUR 10,000 awarded for non-pecuniary damage
  • claim for pecuniary damage dismissed