111 judgments found.

Dodov v. Bulgaria

Country: Bulgaria
Year: 2008
Court: European Court of Human Rights
Citation: Dodov v. Bulg., App. No. 59548/00, 47 Eur. H.R. Rep. 41 (2008).
Health Topics: Aging, Health care and health services, Health systems and financing, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Applicant, Mr. Dodov is a Bulgarian national. His mother, Mrs. Stoyanova, suffered from Alzheimer’s disease and disappeared from a state-owned nursing home and was never found. Efforts by applicant to bring criminal and civil proceedings against the hospital staff for negligence in causing the disappearance of his mother did not yield results. Relying on Article …Read more

Tags: Aged persons, Compensation, Damages, Duty of care, Elderly, Inadequate treatment, Inappropriate treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Neurological diseases, Nursing home, Older persons, Remedies, Senior citizens, Standard of care, Tort
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M.J.R. s/insanía

Country: Argentina
Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S.C. February 19, 2008, "M.J.R. s/ insanía"
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

On June 4, 1982 M.J.R. , a minor, accused of aggravated murder, was declared unpunishable by law by the National Criminal Examining Court of First Instance number 16, which determined he had to remain in hospital as a safety measure. On July 11, 1983, the advisor on minors filed a process of disability to the …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Public hospitals, Schizophrenia
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Mental Disability Advocacy Center (MDAC) v. Bulgaria

Country: Bulgaria
Year: 2008
Court: European Committee of Social Rights
Citation: Complaint No. 41/2007
Health Topics: Child and adolescent health, Mental health
Human Rights: Freedom from discrimination
Facts:

The Mental Disability Advocacy Center (‘MDAC’) alleged that Bulgaria was violating Article 17(2) (right to free education for children) alone and in conjunction with Article E (non-discrimination) of the Revised European Social Charter (the ‘Charter’) because Bulgaria was not educating children with moderate to profound intellectual disabilities living in homes for mentally disabled children (‘HMDCs’). MDAC claimed that until 2002, children with moderate to …Read more

Tags: Children, Mental disability, Mental institution, Mental retardation, Minor
Download Judgment: English

Savage v. South Essex Partnership NHS Foundation Trust

Country: United Kingdom
Year: 2008
Court: House of Lords
Citation: [2008] UKHL 74
Health Topics: Hospitals, Medical malpractice, Mental health
Human Rights: Right to life
Facts:

In July 2004 CS was being treated as a detained patient at Runwell Hospital under the Mental Health Act. She absconded and went on to commit suicide by throwing herself in front of a train. A public inquest was held and concluded that the precautions in place at the hospital were inadequate. S, the daughter …Read more

Tags: Compulsory commitment, Duty of care, Involuntary commitment, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Schizophrenia, Suicide, Tort
Download Judgment: English

Shtukaturov v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: App. No. 44009/05, Eur. Ct. H.R. (2008).
Health Topics: Informed consent, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Cruel treatment, Depression, Forced examination, Incapacity, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry, Schizophrenia, Unauthorized treatment
Download Judgment: English

Agbonlahor, et al. v. Minister for Justice

Country: Ireland
Year: 2007
Court: High Court
Citation: [2007] I.E.H.C. 166 (April 18, 2007)(Ir.).
Health Topics: Child and adolescent health, Mental health, Violence
Human Rights: Right to privacy
Facts:

A Nigerian woman, applied on behalf of herself and her two children for refugee status in Ireland. The woman had arrived in Italy with her husband in 1996 and her two children were born there. The applicant’s husband was a writer and she claimed that because of her husband’s piece on a Nigerian “drug baron” …Read more

Tags: Asylum, Child development, Children, Mental disability, Mental disorder, Minor, Refugees
Download Judgment: English

KR (Iraq) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2007
Court: Court of Appeal, Civil Division
Citation: [2007] EWCA Civ 514
Health Topics: Controlled substances, Health care and health services, Medicines, Mental health
Human Rights: Right to family life
Facts:

KR was an Iraqi Kurd. He was a lieutenant in the state police under Saddam Hussein’s regime but acted as an informer for the separatist PUK movement. In 1987 his clandestine activity was suspected. He was detained and tortured but the following year was released and resumed work as a police officer. In 1991 he …Read more

Tags: Access to drugs, Access to health care, Access to treatment, Asylum, Depression, Immigration, Mental disability, Mental disorder, Mental illness, Mental institution, Migrants, Psychotropic drugs, Refugees, Suicide
Download Judgment: English

Panetti v. Quarterman

Country: United States
Year: 2007
Court: Supreme Court
Citation: 127 S.Ct. 2842 (2007)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The Appellant, Panetti, was convicted of capital murder in a Texas state court and sentenced to death. After the execution date was set, Panetti brought proceedings claiming that he was incompetent to be executed. The federal district court stayed Panetti’s execution in order to allow the state courts to adjudicate Panetti’s claim of mental incompetence. …Read more

Tags: Cruel and unusual punishment, Detainee, Execution, Imprisonment, Incarceration, Incompetence, Inmate, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Torture
Download Judgment: English

Rothwell v. Chemical and Insulating Co. Ltd. and Anr. and other appeals

Country: United Kingdom
Year: 2007
Court: House of Lords
Citation: [2007] UKHL 39
Health Topics: Chronic and noncommunicable diseases, Mental health, Occupational health
Human Rights: Right to favorable working conditions
Facts:

A group of employees brought an action in negligence for damages against their employer, Chemical & Insulating Co, for exposure to asbestos in the course of their employment. The employees had been negligently exposed to asbestos and had as a consequence developed pleural plaques. This was the thickening of a layer of fibers on the …Read more

Tags: Asbestos, Job safety, Lung disease, Mental disability, Mental disorder, Mental illness, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Respiratory diseases, Safe working conditions, Workers' compensation
Download Judgment: English

YL v. Birmingham City Council and Ors.

Country: United Kingdom
Year: 2007
Court: House of Lords
Citation: [2007] UKHL 27
Health Topics: Aging, Health care and health services, Hospitals, Mental health, Poverty
Human Rights: Right to social security
Facts:

YL was an 84-year old woman suffering from Alzheimer’s disease, who was entitled to free accommodation provided by the Birmingham City Council under s 21 of the National Assistance Act 1948 (the 1948 Act). The council, with the power given to it by s 26 of the same Act, contracted a private health service provider …Read more

Tags: Access to health care, Access to treatment, Aged persons, Elderly, Indigent, Mental disability, Mental disorder, Mental illness, Older persons, Poor, Private hospitals, Public hospitals, Senior citizens
Download Judgment: English