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317 judgments found.
Country:
United Kingdom Year: 2012
Court: Central London County Court
Citation: [2012] EWHC 604 (QB)
Health Topics:
Disabilities,
Mental health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to liberty and security of person,
Right to privacy Facts: At the time of the events involved in the case, ZH was a sixteen-year-old boy who suffered from autism and epilepsy. ZH was taken on a pool visit where he became fixated by the water. His carers and the pool staff could not touch him because he would have reacted adversely. The pool manager called …Read more
Tags: Differently abled,
Disabled,
Handicapped,
Law enforcement,
Mental disability,
Police
Country:
Ukraine Year: 2012
Court: European Court of Human Rights
Citation: Application No. 2452/04
Health Topics:
Hospitals,
Informed consent,
Mental health Human Rights: Right to liberty and security of person Facts: The applicant was hospitalized for mental illness four times between 1999 and 2006. The first time, the applicant received in-patient treating in a state-run hospital. In 2000, the applicant was registered as a person with potential mental problems with the Odessa Region Psychoneurological Dispensary. Three years later, the applicant was again involuntarily hospitalized. A doctor …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Compulsory treatment,
Forced examination,
Forced treatment,
Health facilities,
Inappropriate treatment,
Involuntary commitment,
Involuntary confinement,
Involuntary examination,
Involuntary treatment,
Mandatory examination,
Mandatory treatment,
Mental disorder,
Mental institution,
Patient choice,
Psychiatry,
Public hospitals,
Unauthorized treatment
Country:
Canada Year: 2012
Court: Ontario Court of Appeal
Citation: 2012 ONCA 342
Health Topics:
Hospitals,
Informed consent,
Mental health,
Prisons Human Rights: Right to liberty and security of person Facts: 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
Tags: care,
Compulsory commitment,
Compulsory confinement,
Compulsory treatment,
Criminalization,
Custody,
Depression,
Detainee,
Detention,
Harm reduction,
Health care professionals,
Health facilities,
Imprisonment,
Incapacity,
Incompetence,
Inmate,
Involuntary confinement,
Involuntary treatment,
Jail,
Mandatory commitment,
Mandatory confinement,
Mandatory treatment,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Non-consensual testing and treatment,
Prison conditions,
Private hospitals,
Psychiatry,
Psychology,
Public hospitals
Country:
Canada Year: 2012
Court: The Supreme Court of Canada
Citation: [2012] SCC 5
Health Topics:
Disabilities,
Mental health,
Violence Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more
Tags: Assault,
Competence to testify,
Differently abled,
Disabled,
Handicapped,
Incapacity,
Incompetence,
Law enforcement,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental retardation,
Psychology,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Violence against women
Country:
Czech Republic Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics:
Chronic and noncommunicable diseases,
Controlled substances,
Disabilities,
Health care and health services,
Hospitals,
Informed consent,
Medicines,
Mental health Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to liberty and security of person Facts: 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
Tags: Compulsory commitment,
Compulsory treatment,
Controlled substances,
Cruel treatment,
Custody,
Degrading treatment,
Detainee,
Detention,
Hospitals,
Informed consent,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mental disability,
Mental health,
Mental institution,
Neurological diseases,
Psychiatry,
Psychology,
Psychosis,
Psychotropic drugs,
Rehabilitation,
Torture
Country:
United Kingdom Year: 2012
Court: The European Court of Human Rights
Citation: Application no. 2694/08
Health Topics:
Health care and health services,
Hospitals,
Medical malpractice,
Mental health Human Rights: Right to due process/fair trial,
Right to life Facts: The applicant’s son was admitted as a voluntary patient as he was diagnosed with schizophrenia and there was a fear that he might commit suicide. He was kept in a crisis room in the intensive care unit. However, on the first night itself, the applicant’s son jumped out of the window and died. The applicant’s …Read more
Tags: Clinics,
Compensation,
Damages,
Duty of care,
Emergency care,
Health facilities,
Mental disorder,
Mental illness,
Negligence,
Non-pecuniary damage,
Private hospitals,
Psychiatry,
Public hospitals,
Remedies,
Schizophrenia,
Standard of care,
Suicide,
Tort,
Trauma
Country:
United Kingdom Year: 2012
Court: The Supreme Court of the United Kingdom
Citation: [2012] UKSC 2
Health Topics:
Health care and health services,
Hospitals,
Medical malpractice,
Mental health Human Rights: Right to life Facts: The claimants stated that the deceased was a voluntary psychiatric patient. She was assessed by the hospital as a high risk of suicide attempt as she had done so before. The hospital allowed her home leave for two days. During that period, she committed suicide. The claimants stated that the hospital and its staff were …Read more
Tags: Clinics,
Compensation,
Damages,
Duty of care,
Emergency care,
Health facilities,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Negligence,
Non-pecuniary damages,
Psychiatry,
Psychology,
Remedies,
Standard of care,
Suicide,
Trauma
Country:
Ukraine Year: 2011
Court: European Court of Human Rights
Citation: Application No. 39229/03
Health Topics:
Aging,
Informed consent,
Mental health,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to due process/fair trial,
Right to privacy Facts: 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
Tags: Aged persons,
Assault,
Compulsory commitment,
Compulsory confinement,
Compulsory examination,
Cruel treatment,
Degrading treatment,
Elderly,
Forced examination,
Health care professionals,
Humiliating treatment,
Inhuman treatment,
Involuntary commitment,
Involuntary confinement,
Involuntary examination,
Law enforcement,
Mandatory confinement,
Mandatory examination,
Mental disorder,
Mental illness,
Older persons,
Patient choice,
Police,
Psychiatry,
Psychology,
Senior citizens
Country:
United States Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Health systems and financing,
Hospitals,
Infectious diseases,
Mental health,
Prisons,
Violence,
Water, sanitation and hygiene Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to health Facts: This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more
Tags: Access to health care,
Access to treatment,
Budget,
Cleanliness,
Cruel and unusual punishment,
Custody,
Depression,
Detainee,
Detention,
Diabetes,
Health care professionals,
Health care workers,
Health facilities,
Heart disease,
Imprisonment,
Incarceration,
Inmate,
Jail,
Kidney disease,
Mental disorder,
Mental illness,
Noncommunicable diseases,
Prison conditions,
Psychiatry,
Psychology,
Psychosis,
Suicide,
Waste
Country:
Brazil Year: 2011
Court: Supremo Tribunal Federal [Federal Supreme Court]
Citation: Municipality of Caxias do Sul v. Vinícius Carpeggiani, AI 797349/RS, Supremo Tribunal Federal [Federal Supreme Court] (2011).
Health Topics:
Health care and health services,
Medicines,
Mental health,
Poverty Human Rights: Right to health,
Right to life Facts: The Municipality of Caxias do Sul filed an extraordinary appeal against the decision of the lower court, which had found that the federal, state and municipal governments possessed joint liability to provide medications free of charge, for the treatment of serious disease, to those deemed to be financially needy, in order to abide by the …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Depression,
Paranoia
Country:
Peru Year: 2011
Court: Committee on the Elimination of Discrimination against Women
Citation: L.C. v. Peru, CEDAW, U.N. Doc. CEDAW/C/50/D/22/2009 (2011).
Health Topics:
Health care and health services,
Health systems and financing,
Mental health,
Poverty,
Sexual and reproductive health,
Violence Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to family life,
Right to health,
Right to life,
Right to privacy Facts: A minor child, L.C., began to be sexually abused at the age of 11 years by a 34-year-old man. Two years later, L.C. became pregnant, and in response, attempted suicide by jumping from a building. L.C. survived her suicide attempt, and she was taken to a public hospital where she was diagnosed with a series …Read more
Tags: Abortion,
Access to treatment,
Criminalization,
Domestic abuse,
Domestic violence,
Molestation,
Rape,
Sexual abuse,
Sexual assault,
Sexual harassment,
Sexual violence,
Suicide,
Termination of pregnancy,
Therapeutic abortion,
Violence against women
Country:
Norway Year: 2011
Court: Supreme Court
Citation: Ref. HR-2011-2325-A
Health Topics:
Hospitals,
Informed consent,
Medical malpractice,
Mental health Human Rights: Right to liberty and security of person Facts: 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
Tags: Compulsory commitment,
Compulsory confinement,
Duty of care,
Health care professionals,
Health facilities,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental illness,
Mental institution,
Non-consensual testing and treatment,
Psychiatry,
Psychology,
Public hospitals
Country:
Greece Year: 2011
Court: European Court of Human Rights
Citation: M.S.S. v. Belg. & Greece, App. No. 30696/09, Eur. Ct. H.R. (2011).
Health Topics:
Health care and health services,
Mental health,
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: The applicant is an Afghan male who in early 2008 fled war-stricken Kabul, where he claimed to have feared for his life as a result of his service as a translator for international air force troops based in that city. The applicant first entered Greece, where Greek authorities entered his fingerprints into the common European …Read more
Tags: Assault,
Asylum,
Custody,
Degrading treatment,
Detainee,
Detention,
Humiliating treatment,
Imprisonment,
Incarceration,
Inmate,
Prison conditions,
Refugees
Country:
Kyrgyzstan Year: 2011
Court: United Nations Human Rights Committee
Citation: Communication No. 1756/2008
Health Topics:
Mental health,
Prisons,
Violence Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial,
Right to life Facts: On 24 October 2004, TM and his wife were in custody at the local police station on a public disturbance charge following an argument in the street. While in police custody, TM died, and there was a dispute of fact as to how his death occurred. The ambulance doctor who attended the scene testified that …Read more
Tags: Abuse,
Assault,
Cruel and unusual punishment,
Cruel treatment,
Custody,
Detainee,
Detention,
Inhuman treatment,
Jail,
Law enforcement,
Police,
Suicide,
Torture
Country:
Uganda Year: 2011
Court: Constitutional Court
Citation: Constitutional Petition No. 64 of 2011
Health Topics:
Disabilities,
Mental health,
Prisons Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to due process/fair trial Facts: The Centre for Health, Human Rights and Development (“CEHURD”) alleged that Uganda passed laws that were (1) degrading to mentally challenged individuals and (2) contrary to the Ugandan Constitution (“Constitution”). The factual issue at hand involved the claim that people with mental disabilities were being detained for long and indefinite periods of time without due …Read more
Tags: Compulsory confinement,
Cruel and unusual punishment,
Degrading treatment,
Differently abled,
Disabled,
Handicapped,
Humiliating treatment,
Involuntary commitment,
Involuntary confinement,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Mental retardation
Country:
Bosnia-Herzegovina Year: 2011
Court: European Court of Human Rights
Citation: Application Nos. 39446/06 and 33849/08
Health Topics:
Mental health,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to liberty and security of person Facts: Mr. Hadzic and Mr. Suljic were detained in the Psychiatric Annex of Zenica Prison. Each claimed that their detention was unlawful under Article 5, section 1 of the European Convention on Human Rights (“Convention”), which protects the right to liberty and security of person They argued that the Annex was not an appropriate institution for …Read more
Tags: Compulsory confinement,
Custody,
Detainee,
Detention,
Imprisonment,
Incarceration,
Inmate,
Involuntary confinement,
Jail,
Mandatory commitment,
Mandatory confinement,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Prison conditions,
Seclusion
Country:
Switzerland Year: 2011
Court: The European Court of Human Rights
Citation: [2011] ECHR 2422
Health Topics:
Health care and health services,
Medicines,
Mental health Human Rights: Right to bodily integrity,
Right to health Facts: The applicant suffered from a serious bipolar disorder and wished to commit suicide and requested a lethal dose of sodium pentobarbital, which is available only on prescription, from several psychiatrists but was unsuccessful. The applicant then contacted various official bodies seeking permission to obtain the substance from a pharmacy without a prescription. The Federal Office …Read more
Tags: Access to drugs,
Access to medicines,
Access to treatment,
Assisted suicide,
Bipolar,
Harm reduction,
Mental disorder,
Mental illness,
Metal competence,
Pharmaceuticals,
Suicide
Country:
Peru Year: 2011
Court: Committee on the Elimination of Discrimination against Women
Citation: Communication No. 22/2009
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services,
Mental health,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to life Facts: This claim was brought on behalf of the injured by her mother, who asserted that the failure of the Peruvian health system to ensure access to essential services for women, in this case therapeutic abortion, compromises its obligations under the Convention on the Elimination of All Forms of Discrimination against Women, entered into force in …Read more
Tags: Abortion,
Access to health care,
Access to treatment,
Depression,
Disabled,
Emergency care,
Examination,
Minor,
Miscarriage,
Pregnancy,
Suicide,
Termination of pregnancy,
Therapeutic abortion
Country:
United States Year: 2011
Court: Supreme Court of the United States
Citation: BROWN, GOVERNOR OF CALIFORNIA, ET AL. v. PLATA ET AL.
Health Topics:
Health care and health services,
Mental health,
Prisons,
Public safety Human Rights: Right to health Facts: This case was about California’s prisons which at the time housed 156,000 prisoners, two fold of the number they were designed to house. The plaintiffs previously had brought two separate Federal actions. In 1990, one of the district courts had decided that mentally ill prisoners received inadequate medical care; in 2001, the other district court …Read more
Country:
Switzerland Year: 2011
Court: The European Court of Human Rights
Citation: CASE OF HAAS v. SWITZERLAND
Health Topics:
Controlled substances,
Mental health,
Public safety Human Rights: Right to life,
Right to privacy Facts: The applicant was a Swiss national who lodged a claim before the European Court on Human Rights (the ECHR), relying on Article 8 of the European Convention on Human right (the Convention), that his right when and how to end his own life had been violated by the state. The applicant claimed to the ECHR …Read more
Country:
Argentina Year: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 466. XLVI.
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Mental health Human Rights: Right to development,
Right to education,
Right to life,
Right to social security Facts: The plaintiff brought the case to the First Instance Court of Paraná [Juzgado de Instrucción n° 7 de Paraná] aginst the Helath Insurance Institute of Entre Ríos [Instituto de Obra Social de la Provincia de Entre Ríos – IOSPER] because it refused to provide comprehensive coverage to the autism treatment that the plaintiff’s son needed. …Read more
Tags: Access to treatment,
Children,
Health care and health services,
Mental disorder,
Mental illness,
Minor,
Right to education,
Right to Health,
Right to social security,
Social security
Country:
Australia Year: 2010
Court: Supreme Court of Victoria
Citation: (2010) 30 VR 355; [2010] VSC 377
Health Topics:
Informed consent,
Mental health Human Rights: Freedom of movement and residence,
Right to liberty and security of person Facts: 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
Tags: Community-based care,
Compulsory commitment,
Compulsory treatment,
Forced treatment,
Health care professionals,
Health care workers,
Involuntary commitment,
Involuntary treatment,
Mandatory commitment,
Mandatory treatment,
Mental disorder,
Mental illness,
Mental institution,
Non-consensual testing and treatment,
Patient choice,
Psychiatry
Country:
New Zealand Year: 2010
Court: High Court
Citation: HC WN CIV-2010-485-1279
Health Topics:
Mental health Human Rights: Right to due process/fair trial,
Right to liberty and security of person Facts: The claimant (L), a 45-year-old woman with an intellectual disability, appealed a decision by the Family Court which had ordered a 12-month extension to the compulsory care order that L was under. The care order had been initially ordered under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDCCR Act”) because of L’s violent …Read more
Tags: Compulsory commitment,
Compulsory confinement,
Health care professionals,
Health care workers,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Mandatory confinement,
Mental competence,
Mental disability,
Mental disorder,
Mental illness,
Psychiatry,
Psychology
Country:
Rwanda Year: 2010
Court: High Court at Kigali
Citation: Case N° RPA 0646/10/HC/KIG
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Mental health,
Prisons Human Rights: Freedom of expression,
Right to due process/fair trial,
Right to health Facts: The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more
Tags: Access to treatment,
Custody,
Depression,
Detainee,
Detention,
Heart disease,
Incapacity,
Jail,
Mental disorder,
Mental illness,
Noncommunicable diseases
Country:
United States Year: 2010
Court: 9th Circuit Court of Appeal
Citation: 610 F.3d 530 (2010)
Health Topics:
Health information,
Mental health,
Prisons Human Rights: Right to due process/fair trial,
Right to privacy Facts: The Appellant, Seaton, an inmate, brought suit against the director of the California Department of Mental Health, the administrator of a state hospital, and two psychologists, alleging that they violated his constitutional right to privacy when they examined and communicated their opinions about his medical records to the district attorney’s office in the period before …Read more
Tags: Compulsory commitment,
Confidentiality,
Detention,
Disclosure,
Health data,
Health information,
Imprisonment,
Incarceration,
Inmate,
Involuntary commitment,
Involuntary confinement,
Mandatory commitment,
Medical records,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Non-disclosure,
Psychiatry,
Psychology,
Torture
Country:
Brazil Year: 2010
Court: Federal Supreme Court
Citation: AI 826577/RS, Supremo Tribunal Federal [Federal Supreme Court] (2010).
Health Topics:
Health care and health services,
Medicines,
Mental health,
Poverty Human Rights: Right to health,
Right to life Facts: The Court of Justice found that the State of Rio Grande do Sul was responsible for providing medications, free of charge, to those who need them but are unable to afford them. In accordance with in accordance with Article 196 (right to health) and 23 (state and federal governments’ obligations to provide for health and …Read more
Tags: Access to drugs,
Access to medicines,
Bipolar,
Depression,
Essential medicines,
Indigent,
Low income,
Mental disability,
Mental illness,
Paranoia,
Poor,
Schizophrenia,
Suicide,
Underprivileged
Country:
Colombia Year: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Primera de Revisión febrero 2, 2010, M.P.: María Victoria Calle Correa, Sentencia T-045/10 (Colom.).
Health Topics:
Disasters and emergencies,
Health care and health services,
Mental health,
Violence Human Rights: Freedom from discrimination,
Right to health Facts: An amparo action (appeal for legal protection) was brought against the Ministry of Social Protection by the Colombian Commission of Jurists (Comisión Colombiana de Juristas) on behalf of three women (Diana Carmenza Redondo, Argénida Torres, and María Romero), who were victims of massacres orchestrated by either paramilitaries or guerrillas, who were thereafter displaced from their communities, …Read more
Tags: Access to health care,
Access to treatment,
Armed conflict,
Counseling,
Cruel and unusual punishment,
Cruel treatment,
Degrading treatment,
Diagnostics,
Forced displacement,
Health expenditures,
Health funding,
Health regulation,
Humiliating treatment,
Inhuman treatment,
Mental illness,
Military,
Refugees