| 词条 | HL v United Kingdom |
| 释义 |
| name = H.L. v. the United Kingdom | court = European Court of Justice | image = | caption = | date decided = 5 October 2004 | full name = | citations = 45508/99 [2004] ECHR 720 | judges = | prior actions = | subsequent actions = | opinions = | transcripts = | keywords = }} In the case HL v United Kingdom (45508/99) the European Court of Human Rights found that the informal admission to a psychiatric hospital of a compliant but incapacitated adult was in contravention of Article 5 of the European Convention on Human Rights. The court found that the distinction between actual and potential detention relied upon by the UK House of Lords in their ruling that HL had not been detained in R v Bournewood Community and Mental Health NHS Trust was not of central importance under Article 5. The European Court also held that the practice of informal admission of compliant but incapacitated adults who were de facto detained was not 'in accordance with a procedure described by law' and thus was not lawful under the Convention.[1] The case resulted in major changes to the admission procedures for incapacitated adults to care homes and hospitals in the UK where they are, or may be, deprived of their liberty (see Deprivation of Liberty Safeguards). See also
External links
Notes1. ^HL v. UK (2004) - App no 45508/99; 40 EHRR 761 5 : 2004 in case law|European Court of Human Rights cases involving the United Kingdom|Article 5 of the European Convention on Human Rights|Mental health law in the United Kingdom|2004 in British law |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。