Issues Arising From the Decision of the European Court of Human Rights in M.S. v United Kingdom

Abstract

It has been argued that the power of the State is at its greatest when the State detains people: detention, therefore, raises “fundamental issues of human rights”.1 In New Zealand, and elsewhere in the world, those detained by the State also seem to come disproportionately from parts of society that are already vulnerable, such as those with mental illness. This research paper considers implications and issues arising from a case involving a mentally unwell man who was detained by Police, and where there were delays in getting him appropriate psychiatric treatment. In M.S. v United Kingdom2 the European Court of Human Rights (the ECHR) found that these delays constituted a breach of his human rights; finding that the treatment he experienced amounted to degrading treatment in breach of art 3 of the European Convention on Human Rights (the European Convention).