Conclusions: The current case law of the European Court of Human Rights indicates that subparagraph "e" of paragraph 1 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms (lawful detention of persons of unsound mind) serves two protective functions: a social one (ensuring the protection of society) and a therapeutic one (providing the person with adequate treatment while in detention). The comprehensive concept of "adequate treatment of a person suffering from mental disorders" includes the following components: a) an individual treatment plan; b) an appropriate institution; c) the language in which the treatment is provided. Adequate treatment is an integral part of the concept of an "appropriate institution". The right to adequate treatment becomes illusory if there is a language barrier between the medical staff and the patient suffering from mental disorders.
Tyshchenko et al. (Fri,) studied this question.
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