On 2 February 2016, the judgement of the European Court of Human Rights in the case of Hadžimejlić and Others against Bosnia and Herzegovina became final. By this judgement, the violation of the applicants’ rights to security and liberty prescribed by the Article 5 of the Convention has been established to be caused by the unlawful detention of the applicants in the social care institutions. After more than a year passed from the date of the judgement becoming final, Bosnia and Herzegovina still face difficulties in adopting an action plan on implementation of the measures posed by the judgement concerned.
Table of Contents
Abstract
1 Introduction to the Genesis of Violation of the rights of persons with mental illness caused by the national authorities
2 The violation of the Right to Liberty and Security of Persons with Mental Illness Determined by the Constitutional Court and the European Court of Human Rights
2.1 The Constitutional Court's Decisions on the Violation of the Appellants' Rights to Liberty and Security
2.2 The Europena Court's Judgment Regarding the Violation of the Applicant's Rights to Liberty and Security and the Applicable National and International Standards
3 Conclusion Regarding the Possible Shortcomings in the Implementation of the Judgement in the Case of Hadžimejlić and Others versus Bosnia and Herzegovina
Bibliography
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