The commentary to the judgment of the European Court of Human Rights of 31 January 2019, "Rooman vs. Belgium"

Abstract

The commentary deals with the judgment of the European Court of Human Rights in the case of Rooman vs. Belgium. The Court found that there had been no violation of Article 5 of the European Convention of Human Rights, of which the key purpose is to prevent arbitrary or unjustified deprivations of liberty, due to the fact that the link between the reason for the compulsory confinement and the applicant’s mental illness had never been severed. This study is an attempt to critically assess the Court’s view with particular regard to the previous contrary Court’s rulings and points at the same time that the right to liberty and security is of the highest importance in a “democratic societyˮ within the meaning of the Convention.