‘Article 5 of the European Convention on Human Rights (ECHR) protects the right to liberty, and guarantees that nobody shall be “deprived” of their liberty unless certain conditions, set out in that Article, are met.
‘But what constitutes a “deprivation of liberty”? And in particular, when might someone who is said to lack capacity in domestic law be able to provide valid consent to what might otherwise constitute such a deprivation of liberty? These questions were tackled by the Supreme Court in the case of Re Attorney General for Northern Ireland’s Reference [2026] UKSC 16 (2 June 2026). The Court’s judgment is extremely important for social workers, mental health practitioners and medical personnel, as well as human rights scholars and advocates more generally.’
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Administrative Court Blog, 4th June 2026
Source: administrativecourtblog.wordpress.com