Case Brief: ECtHR (Application 49069/11): Mental Health and Guardianship – Mikhailenko v Ukraine

ECtHR finds that law which prohibits someone under guardianship from accessing domestic court to challenge guardianship violates Article 6 ECHR. 

the Court notes that in the present case the applicant’s inability to directly seek the restoration of her legal capacity resulted in that matter not being examined by the courts. The absence of judicial review of that issue, which seriously affected many aspects of the applicant’s life, could not be justified by the legitimate aims underpinning the limitations on access to a court by incapacitated persons. The facts of the present case lead the Court to conclude that the situation in which the applicant was placed amounted to a denial of justice as regards the possibility of securing a review of her legal capacity.” (para 40)

http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-119975

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http://www.mdac.info/en/30/05/2013/ukraine-system-guardianship-becomes-latest-target-critique-european-court-human-rights

 

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