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Friday, March 8, 2013
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Nature of the Case

Petition alleging Mark Keenan and his mother Susan Keenan, rights to life, not to be tortured and to have access to effective remedies under the European Convention on Human Rights were violated. No adequate remedy for the violation of Mark Keenan’s rights under the Convention; right to psychiatric treatment; Right to adequate medical treatment; lack of access to psychiatric/medical treatment as inhuman and degrading treatment; right to protection from self harm; Lack of effective domestic remedy for violations of the ECHR; States’ positive obligations to protection from self harm.

Enforcement of the Decision and Outcomes

Susan Keenan was awarded £10,000 in damages; £7,000 for Keenan’s suffering, to be held by his estate and £3,000 for his mother’s suffering. She was awarded £21,000 for legal expenses.

Significance of the Case

The Court’s decision was important as it made clear inadequate medical care, including mental health care can rise to the level of inhuman and degrading punishment under the ECHR. States may have breached their ECHR duties where medical care falls below a certain standard. It is not necessary that a mentally ill person identify specific ill effects of treatment for a violation to be found. This decision has implications beyond prisons, to hospitals and other state institutions providing medical care. The case may also be significant as it may imply that negligence damages in the U.K. routinely fail to provide an adequate remedy where the complainant is not a dependent of the victim or where the injury to the victim was psychological, not physical.

Ruling