Maroš Matiaško

Deprivation of Liberty in Context of Residential Social Services: the View of the European Court of Human Rights

Jurisprudence 2/2013 Section: Articles Page: 16-21

Keywords: liberty, social services, European Court of Human Rights, case law, mental disability

Abstract: The paper focuses on question of deprivation of liberty of persons with unsound mind under article 5 ECHR. The main argument presented is that persons with mental disabilities who were placed under plenary guardianship can be deprived of liberty in social care settings, although institutional social care is provided on basis of a contract between their guardian and social care institution.