Citation

Prior PM. Int. J. Law Psychiatry 2007; 30(6): 546-557.

Affiliation

School of Sociology, Social Policy and Social Work, Queens University Belfast, Belfast BT7 1NN, Northern Ireland, UK. p.prior@qub.ac.uk

Copyright

(Copyright © 2007, Elsevier Publishing)

DOI

10.1016/j.ijlp.2007.09.002

PMID

17920122

Abstract

Mentally disordered offenders find themselves at the intersection of the healthcare system and the criminal justice system in most European countries. Decisions on their care often involve lengthy discussions in relation to care versus control in society. In this article, the focus is on one aspect of this debate - that of human rights. An analysis of cases, taken to the European Court of Human Rights by mentally disordered offenders, demonstrates the difficulties inherent in ensuring appropriate care to individuals and safeguards to the public at the same time. The issues raised include the problems raised by indeterminate sentences, the use of detention for preventive purposes, and debates about treatment. The countries represented in this selection of cases are Belgium, Norway, Poland, the Netherlands, Russia and the United Kingdom.

Language: en