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

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  = 105 judgements were included, originating in  = 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.