91 judgments found.

JH v. Alberta (Minister of Justice and Solicitor General)

Country: Canada
Year: 2020
Court: Court of Appeal of Alberta
Citation: 2020 ABCA 317
Health Topics: Health information, Informed consent, Mental health
Human Rights: Freedom of movement and residence, Right of access to information, Right to due process/fair trial, Right to liberty and security of person
Facts:

The respondent JH, a member of a First Nation in British Columbia, was admitted to the Foothills Medical Centre, run by the respondent, Alberta Health Services, on September 5, 2014 for the treatment of sepsis in his knee. Following surgery and a 20-day hospital stay, JH sought discharge. Instead, JH was admitted as a formal …Read more

Tags: Disclosure, Forced treatment, Health records, Incapacity, Incompetence, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory treatment, Medical records, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Non-disclosure, Notification, Patient choice, Psychiatry, Psychology, Threat of violence
Download Judgment: English

Centre for Health, Human Rights and Development & Anr. v. Attorney General

Country: Uganda
Year: 2018
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 094 of 2015
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to health, Right to liberty and security of person, Right to privacy, Right to water and sanitation
Facts:

The plaintiff stated that the Butabika Hospital is the only public psychiatric hospital under the Ministry of Health in Uganda. Further it is the only mental referral hospital and cases referred to it by other health facilities are of acute conditions, which require a specialized and skilled management. A part of the procedure in the …Read more

Tags: Bipolar, Cleanliness, Compulsory confinement, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Involuntary confinement, Isolation, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Psychology, Psychosis, Trauma
Download Judgment: English

Mockute v. Lithuania

Country: Lithuania
Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 66490/09
Health Topics: Health care and health services, Health information, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom of religion, Right to privacy
Facts:

The applicant suffered from an acute paranoid reaction disorder. She was taken to the Kaunas Psychiatric Hospital by her parents and at their request in 1992; she continued her treatment at another psychiatric hospital. The applicant had joined a religious sect before her first treatment, and her parents stated that she had become disoriented after …Read more

Tags: Clinics, Compulsory commitment, Compulsory testing, Depression, Disclosure, Examination, Forced treatment, Health facilities, Health records, Informed choice, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Medical records, Mental illness, Mental institution, Non-disclosure, Paranoia, Patient choice, Private hospitals, Psychiatry, Psychology, Public hospitals, Secrecy, Trauma, Unauthorized treatment
Download Judgment: English

Nelson v. Livermore

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Informed consent, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more

Tags: Assault, Compulsory confinement, Compulsory treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Forced treatment, Health regulation, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Involuntary confinement, Involuntary treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychosis, Rape
Download Judgment: English

Thompson v Ontario (Attorney General)

Country: Canada
Year: 2016
Court: Ontario Court of Appeal
Citation: 2016 ONCA 676
Facts:

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

Tags: Community-based care, Compulsory commitment, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health care and health services, Incapacity, Informed choice, Informed consent, Involuntary examination, Mental competence, Mental disability, Mental disorder, Mental health, Mental institution, Psychiatry, Public safety, Schizophrenia
Download Judgment: English

Lazariu v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 31973/03
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant, a lawyer, was accused of inciting false testimony from witnesses involved in several sets of criminal proceedings. Upon presenting herself to the prosecutor’s office, she was prevented from leaving and eventually taken to a psychiatric hospital. The government alleged that the applicant was detained after she refused to review the criminal file against …Read more

Tags: Compulsory commitment, Compulsory confinement, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory confinement, Mental competence, Mental institution, Police
Download Judgment: English

A.X. -v- The Mental Health Tribunal & Anr.

Country: Iceland
Year: 2014
Court: High Court of Ireland
Citation: [2014] IEHC 592
Health Topics: Hospitals, Informed consent
Human Rights: Right to health, Right to liberty and security of person
Facts:

This is a case about the applicant challenging an order from Mental Health Tribunal (“the Tribunal”) that demanded her involuntary admission to St. John of God’s Hospital (“the Hospital”) for treatment of a mental disorder. On April 28th, 2014, a member of An Garda Síochána detained the applicant because there were sufficient grounds to believe …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory testing, Compulsory treatment, Confinement, Health facilities, Involuntary commitment, Involuntary examination, Involuntary testing, Involuntary treatment, Mandatory examination, Mandatory testing, Mandatory treatment, Mental disorder, Mental institution, Non-consensual testing and treatment, Unauthorized treatment
Download Judgment: English

Aurnhammer v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 36356/10
Health Topics: Health care and health services, Hospitals, Medicines, Mental health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

On August 19, 2004, Mr. Veit Aurnhammer was convicted by the Regensburg Juvenile District Court of causing bodily harm and damage to property after he struck two ticket collectors in the face when they tried to prevent him from evading ticket controls. Aurnhammer was further convicted of dangerous bodily injury after attacking his sleeping cellmate …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Psychiatry, Schizophrenia
Download Judgment: English

M.H. v. United Kingdom

Country: United Kingdom
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 11577/06
Health Topics: Mental health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was severely disabled as a result of Down’s Syndrome. The applicant lived with her mother, her nearest relative. She often exhibited difficult behavior and towards the end of 2002 social workers had become extremely concerned about the impact on the physical and mental health of the applicant and her mother. On 31 January …Read more

Tags: Compulsory commitment, Detainee, Detention, Incapacity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry
Download Judgment: English

Zierd v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 75095/11
Health Topics: Health care and health services, Hospitals, Medicines, Mental health
Human Rights: Right to bodily integrity
Facts:

Ms. Rosel Zierd filed an application claiming that the psychiatric medication administered against her late son’s will violated her own and her late son’s Convention rights. On May 31, 2006, Ms. Zierd’s son, H, was found by the Meiningen Regional Court to have committed a number of traffic offenses, including involuntary manslaughter. The court determined …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Suicide
Download Judgment: English