ECtHR case law is crucial in cases concerning mental health and human rights – Supreme Court Judge Vasyl Krat

Judge of the Supreme Court in the Civil Cassation Court, Vasyl Krat, delivered a Zoom presentation at a training session for trainers of the HELP course “Mental Health and Human Rights”. The training was organized as part of the Council of Europe project “HELP (Human Rights Education for Legal Professionals) for Ukraine, including during wartime. Phase II,” which took place in Lviv .

The aim of the training was to help legal professionals apply European standards in their daily work, including in the field of medical law.

During the event, the judge presented relevant case law on the protection of human rights in the area of mental health, particularly regarding involuntary hospitalization and psychiatric care.

Judge Vasyl Krat emphasized that national case law is based on the approaches of the European Court of Human Rights. In particular, according to the Court’s judgments, a person cannot be considered mentally ill without a proper objective medical examination, and involuntary placement in a psychiatric institution must be justified by the severity of the disorder and the necessity of such a measure.

Vasyl Krat also drew attention to the guarantees provided in Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights). He stated that involuntary hospitalization is regarded as deprivation of liberty and therefore requires strict compliance with both substantive and procedural rules. In case of their violation, the person has the right to compensation for moral damage.

The judge cited examples from the case law of the Civil Cassation Court of the Supreme Court, where decisions on hospitalization were overturned due to the absence of evidence of a real danger to the person themselves or to those around them, as well as due to the possibility of treatment on an outpatient basis. At the same time, in cases where signs of a severe mental disorder, aggressive behavior, refusal of treatment, and a threat to others were recorded, the courts recognized the hospitalization as justified.

Particular emphasis was placed on the fact that involuntary hospitalization is possible only if the following conditions are met simultaneously: first, treatment is possible only in inpatient hospital conditions; second, the person has been diagnosed with a severe mental disorder as a result of which they commit or show real intent to commit actions that pose an immediate danger to themselves or others, or are unable to independently meet their basic life needs at a level that ensures their vital functions. The absence of the need for inpatient treatment alone excludes the possibility of involuntary hospitalization of the patient in a medical facility.

In addition, Vasyl Krat drew attention to the case law concerning compulsory psychiatric examination. He emphasized that courts must evaluate not only the doctor’s conclusion, but also the totality of evidence confirming the necessity of such an intervention. In other words, the opinion of a medical commission by itself is not a sufficient ground for involuntary hospitalization without confirmation of other circumstances, particularly the existence of a real danger. He also noted that the person’s consent to treatment does not replace the need to prove lawful grounds for compulsory measures.

The training participants received practical tools for applying the standards of the European Court of Human Rights in national law enforcement activities. This is particularly relevant in the context of war and the growing challenges in the field of mental health.

Presentation by Judge of the Civil Cassation Court of the Supreme Court Vasyl Krat – https://court.gov.ua/storage/portal/supreme/prezent2026/nadanna_dopomogu_sydova_praktuka.pdf