Đorđević v Croatia

This is a decision of the ECtHR concerning the scope of Articles 3 and 8 as they apply to the victims of harassment.

In this case the victims were Dalibor Đorđević (the first applicant) a man with both learning and phsyical disabilities in his mid 30’s who suffered a sustained program of abuse and harassment at the hands of children attending a school some 70m from his home and his mother Radmila Đorđević (the second applicant) who was also his carer.

The harassment persisted for a period of at least four years. Some of the incidents that occurred were extremely serious, including one occasion when the first applicant received cigarette burns to his hands and another when his head was hit against iron park railings. But most of the incidents were more insidious: jostling and pushing the applicant whenever he left his home, throwing snowballs at him, banging the walls of the flat late at night, spitting at the windows, gathering on a bench outside and talking loudly late in to the night and shouting verbal abuse concerning the first applicant’s disability and nationality (both applicants are Serbian). Continue reading

X v Finland – Are we in trouble?

The decision of the European Court of Human Rights in X v Finland (Application no. 34806/04; judgment of 3 July 2012) makes significant new law concerning the provision of mandatory psychiatric treatment. It is at best highly doubtful that the approach in the Mental Health Act 1983, where compulsory treatment flows from detention automatically and with limited distinct procedural and substantive safeguards, is consistent with Article 8 of the ECHR. Continue reading