This chapter forms part of a E Brems (ed.), Diversity and Human Rights: Rewriting Judgments of the ECHR (Cambridge: CUP, forthcoming 2013), in which lawyers and academics re-write judgments of the ECHR in a number of human rights areas.
This chapter looks at the case of Herzcegfalvy v Austria, which establishes the framework for the ECHR's consideration of involuntary psychiatric treatment. It argues that consistent with developments in international law and disability rights, much stronger justifications for involuntary treatment should be required (if indeed involuntary treatment is to be permitted at all).
Bartlett, P. (2012). Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment. In E. Brems (Ed.), Diversity and human rights: rewriting judgments of the ECHR, 352-381. Cambridge University Press