The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …Read more

This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more

The applicant was a Moldovan national. He was taken to a psychiatrist hospital from his house on 25 February 2008 by police officers. In the hospital, he was placed with patients with serious mental disorders, he wasn’t given the chance to contact his lawyer or his family despite his repeated requests, and injections had been administered …Read more

An inmate in a correction centre (the “patient”) had end-stage lung cancer with, at best, weeks to live. The patient was incompetent to give consent or refuse any medical treatment and had no guardian who could provide substituted consent. The unanimous medical opinion was that further active treatment would be futile, and additional medical opinion …Read more

Jocelyn and Mark Edwards were happily married and intended to have a child. They encountered some difficulties in conceiving and consulted a fertility clinic. Both subsequently agreed to in vitro fertilization (IVF) treatment. Mark had earlier expressed the importance to him of Jocelyn having their child before he was “unable” to, which was positively supported …Read more

Two Ukrainian nationals lodged this complaint against the Ukraine under Article 34 of the Convention for the Protection of Human Rights (the “Convention”) in 2003. The applicants alleged that they were ill-treated by the police and that no effective investigations of the event took place. One of the applicants also alleged that he had been …Read more

On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more

The petitioner sought a declaration of the unconstitutionality and annulment of a Minister of Health Decree which required mandatory lung screening.  This initial Minister of Health Decree was overruled by a Decree of the Minister of Public Welfare (the “challenged Decree”) which regulated “mandatory screening of epidemiological interest content wise”, (it was aimed at detecting cases of …Read more

On the basis of information from A’s family, A’s primary physician requested that A be hospitalized as soon as possible at the Buskerud hospital. A’s primary physician was told by the physician at Buskerud hospital that in order for compulsory admission to occur A had to have been examined by an independent doctor within the …Read more

The applicant, a woman of Roma origin, was sterilized at the hospital during the delivery of her second child. Prior to the Cesarean section, the medical personnel allegedly asked the applicant whether she wanted any more children. When she expressed that she did, the medical personnel allegedly told the applicant that if she got pregnant …Read more

Zeljka Antunovic, 35 years of age, suffered from a mental illness for which she was treated involuntarily under a community treatment order issued pursuant to the Mental Health Act of 1986. She lived at the Northfolk Terrace Community Center Unit for some time before deciding she wished to return home to live with her mother. …Read more

Petitioners Stanley Kingaipe and Charles Chookole sued the Zambian Air Force (ZAF) alleging violations of their constitutional rights to liberty, privacy, life, protection from inhuman and degrading treatment, and protection from discrimination. They also alleged violations of their rights to adequate medical and health facilities and adequate educational opportunities contained in the Directive Principles of …Read more

An outbreak of measles occurred in the city of Granada, beginning on October 9, 2010, with two children in the neighborhood of Albaycín. Due to low vaccination coverage among children in the neighborhood, especially those attending the public school Colegio Público Gómez Moreno, the disease spread. By November 18th, 36 cases had been reported. In …Read more

The appellant, a welder and a machine technician, went to the health care facility of Mutua Asepeyo for lumbosciatic pain caused by lifting a machine that day. He was treated with medication and rest, but did not improve. He was then diagnosed with degenerative disc disease and disc herniation, which was confirmed elsewhere. He consented …Read more

The petitioner’s childbirth resulted in a child with disability. The petitioner had diabetes, a history of intravenous drug use, hepatitis B and C, and an obstetric history that included two abortions and two previous eutocic (vaginal) deliveries.  When in the 35th week of her pregnancy, the petitioner went into preterm labor. The next day the …Read more

The appellant gave birth in the Hospital Universitario of Salamanca to a child born with shoulder dystocia. She brought an administrative claim against the relevant insurance company, requesting compensation in the amount of 140,036.65 Euros. She based her claim on the facts that (a) her baby’s medical history was not completed but only included gynecologist …Read more

Jose Pablo underwent surgery to correct his atlantoaxial luxation, a disorder that impairs rotation of the neck. He and his family believed that he was undergoing a simple and routine procedure, although this turned out not to be the case. Jose Pablo suffered quadriplegia as a result of the surgery, due to the misplacement of …Read more

On March 26, 2004, the District Court of Moscow upheld a claim to dissolve the religious community of Jehovah’s Witnesses in Moscow (“Community”) and imposed a permanent ban on its activities. The court upheld the claim on various the grounds, which included charges that the Community encouraged its members to commit suicide and/or refused medical …Read more

The applicants were British nationals, the first applicant being the father of the second applicant who underwent a clotting test against the bruises on her legs with a General Practitioner who found no abnormality. Months later, the second applicant (who at the time was 9 years old) was taken to the same General Practitioner for the …Read more

The matter pertained to a 19-20 year old, “mentally retarded”, woman (the victim) whose mental capacity was that of a nine year old. She was living in a welfare institution (the Institution) established by the Chandigarh Administration, having previously lived in a government institute for mentally retarded children. She became pregnant while living in the …Read more

The petitioner, Kracke, was mentally ill and was being subjected to medical treatment without his consent. He was required to take drugs with adverse side effects and had been trying unsuccessfully to convince the medical authorities to let him stop taking them. The drugs were being administered under treatment orders issued pursuant to the Mental …Read more

Petitioner V.P.C. stated that on two occasions, her father H.R.A. took her nine-year-old daughter V.R.C. to a remote site, drugged her, and sexually abused her. Petitioner took her daughter to the hospital on October 16, 2001 because her daughter could not control her bowels. The doctor biopsied polyps near the daughter’s rectum and found that …Read more

This report addresses the admissibility of a petition that alleged Mexico failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to equal protection of the law and the right to humane treatment. J.S.C.H. and M.G.S. were discharged from the Mexican Army because of their HIV …Read more

The law applicable to abortion and medically induced miscarriages in Northern Ireland was a 19th century law (the Offences against the Person Act 1861), which made it a crime to procure a miscarriage. Courts had interpreted this principle to decide that if a person who procured the abortion acted in good faith for the purpose …Read more

O. was released from criminal responsibility for violating Article 105 of the Criminal Code of the Russian Federation (relating to a contract killing) because the Supreme Court of the Republic of Bashkortostan determined that O. had committed the act in a state of insanity. O. was sentenced to compulsory outpatient observance and treatment by a …Read more

Mr. Domingo was involved in an accident where he fractured his right femur. The Hospital of Bellvitge, where he was admitted, required patients to consent to a blood transfusion due to the risk of hemorrhage during surgery. Mr. Domingo refused a possible blood transfusion due to his religious beliefs as a Jehovah’s witness. Therefore, Mr. …Read more

Plaintiff sued the Catalonian Institute of Health for alleged medical malpractice and lack of informed consent relating to an electrophysiological study that he underwent when he arrived at the hospital with severe arrhythmia and in an emergency condition. Plaintiff was a high-risk patient due to his past medical history, which included prior heart attacks and …Read more

The appellants, parents of a child with microephaly disorder, alleged medical malpractice in that the failure of medical services to identify and inform them of their daughter’s condition during the pregnancy denied them the choice to terminate that pregnancy. In July of 2001, the appellants’ daughter was born and the appellants were informed that she …Read more

The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more

A.C., a child and a Jehovah’s Witness, suffered from Crohn’s disease. She had signed an advance medical affidavit containing her instructions not to be given blood under any circumstances. At the age of 14, she was admitted to hospital and refused to consent to the receipt of blood. The Director of Child and Family Services …Read more