ECtHR, Third Section, App. No. 43564/17, [2021] ECHR 43564/17, 11 May 2021

Judge Lemmens (President), Judges Serghides, Dedov, Ravarani, Elósegui, Seibert-Fohr, Roosma

This case, which concerned the disenfranchisement of a mentally incapacitated adult, is perhaps most notable for the eviscerating dissent of the Third Section President, Judge Lemmans, who ruled that there had been a breach of A3P1, read alone and in conjunction Article 14 of the Convention and A1P12. In doing so he favoured the approach of the Commissioner for Human Rights of the Council of Europe, who intervened, over the view of his colleagues who acknowledged, but did not follow, the jurisprudence developed under the Convention on the Rights of Persons with Disabilities. Judge Lemmems presents a compelling case for an “inclusive equality” implying “the full recognition of humanity through inclusion in society” (citing the CRPD Committee)and encourages a critical reading of the majority judgment in this case. Continue reading →