Another week, and yes, another seminal case! This week we are looking at Bensaid, in which it was accepted that a case where there was a real risk the applicant would ‘relapse into hallucinations and psychotic delusions involving self-harm’ could in principle fall within the scope of Article 3 (at para 37). For more info … Continue reading Bensaid v the United Kingdom [2001] ECHR 82
Month: April 2021
Pretty v the United Kingdom [2002] ECHR 427
Another week, another seminal case. In Pretty v UK (2002) 35 EHRR 1, it was held , for the first time, I might add, that Article 3 ‘treatment’ can include mental suffering (at para 54). For more information on the Pretty case, please read it in full here: https://www.bailii.org/eu/cases/ECHR/2002/427.html
N. v. THE UNITED KINGDOM – 26565/05 [2008] ECHR 453
Another week, another big case related to medical law and immigration. Just like the previous case of D, in N v UK, the European Court of Human Rights found that there must be a real risk of imminent death in the receiving country (at para 23). Looking at D based on its facts, the Court found … Continue reading N. v. THE UNITED KINGDOM – 26565/05 [2008] ECHR 453