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Winterwerp: the evidence required before psychiatric detention

Winterwerp v. Netherlands sets three conditions for lawful detention of "persons of unsound mind": objective medical expertise, a disorder warranting confinement, and persistence of the disorder

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What the record says

International comparison register · Batch 1

Country / period
Council of Europe
Mechanism
Winterwerp v. Netherlands sets three conditions for lawful detention of "persons of unsound mind": objective medical expertise, a disorder warranting confinement, and persistence of the disorder
Documentation and status
SUPPORTED (standard citation: ECtHR 24 Oct 1979, App. 6301/73)
Similarity to California
Comparable to Addington / O'Connor minimums
Difference from California
Supranational court review of national practice; no US equivalent
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Reference and provenance

1979-ECHR-WINTERWERP

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