Protective Europe: does it Exist for People with Mental Disorders?

Abstract

The aim of this article is to examine the impact of some of the major European institutions on mental health law and policy formation, with a view to establishing whether or not the European ‘project’ has made a difference in protecting individuals with mental disorders from interference or neglect by national governments. The discussion is divided into two parts: first, the role of Europe in protecting the human rights of people with mental disorders through the work of the European Court of Human Rights (ECHR); and second, the role of Europe in ensuring standards of mental health care through the work of the European Commission (EC) and the European Parliament (EP). Focusing in the first instance on cases brought before the ECHR, and in the second on the policy directives of the EC and the EP, it is clear that while in the area of protecting human rights, the European ‘project’ has indeed made a positive impact on national laws and procedures. However, in the area of monitoring and raising standards of mental health care, there is little evidence of a similar impact.