Rehabilitation, Mental Health and Human Rights

• In Event: Towards a European Penology: Foundations, Key Principles and Challenges

Abstract

Rehabilitation and providing mental health care to detainees are principles in European penal policy. The aim of this paper is to explore the principle of rehabilitation in relation to detainees with mental health problems. It will be argued that states are obliged to provide all detainees with a mental health condition a certain level of mental health care. However, only specific categories of detainees (e.g. lifers, ‘persons of unsound mind’ (ECtHR Winterwerp v. The Netherlands) and other cases of preventive detention) are entitled to mental health care that is directed toward rehabilitation. This paper explores legal arguments substantiating a more general obligation to provide mental health care directed towards resocialization, i.e. also covering detainees who do not fall within the aforementioned categories.

Author

• Sonja Meijer, Radboud University