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7 judgments found.


Black et al. v. City of Toronto

Country: Canada
Year: 2020
Court: Ontario Superior Court of Justice
Citation: 2020 ONSC 6398
Health Topics: Chronic and noncommunicable diseases, Sexual and reproductive health, Water, sanitation and hygiene
Facts:

A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

Tags: Access to healthcare, Access to treatment, Addiction, Chronic and noncommunicable diseases, Cleanliness, Depression, Diabetes, Disabled, Drug abuse, drug users, Health care and health services, Infectious diseases, Influenza, Mental health, Noncommunicable diseases, Opioids, People who use drugs, Poverty, Public safety, Pulmonary diseases, Respiratory diseases, Safe drinking water, Sexual and reproductive health, Sexual harassment, Substance abuse, violence, water sanitation and hygiene
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

Mshengu and Others v. Msunduzi Local Municipality and Others

Country: South Africa
Year: 2019
Court: HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Citation: [2019] 4 All SA 469 (KZP)
Facts:

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

Tags: Clean water, Cleanliness, Indigent, Potable water, Safe drinking water, Sewage, Waste, Waste management
Download Judgment: English

Krajnc v. Slovenia

Country: Slovenia
Year: 2018
Court: European Court of Human Rights
Citation: no. 38775/14, § 2, ECHR 2018
Human Rights: Right to property, Right to social security
Facts:

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

Tags: Disabilities, Health systems and financing
Download Judgment: English

XX v. WW and Middle South Area Mental Health Service

Country: Australia
Year: 2014
Court: Supreme Court of Victoria
Citation: [2014] VSC 564
Health Topics: Informed consent, Mental health
Human Rights: Right to liberty and security of person, Right to privacy
Facts:

XX, a mental health patient, had been detained and treated against her will at a treatment center under an Involuntary Treatment Order (“ITO”) in August 2013. The ITO was revoked by the Mental Health Review Board (“Board”). Following XX’s return to the ward, conversations with staff and an assessment by a psychiatric nurse, WW recommended …Read more

Tags: Bipolar, Compulsory commitment, Compulsory confinement, Compulsory treatment, Forced treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Patient choice
Download Judgment: English

Slattery v. Manningham City Council

Country: Australia
Year: 2013
Court: Victorian Civil and Administrative Tribunal Human Rights Division
Citation: [2013] VCAT 1869
Health Topics: Disabilities, Mental health
Human Rights: Freedom from discrimination
Facts:

Mr. Slattery brought this action in the Victorian Civil and Administrative Tribunal (“the Tribunal”) alleging that the City Council of Manningham (“the Council”) had unfairly discriminated against him based on his disability. Slattery suffered from a series of mental impairments including bipolar disorder, attention deficit hyperactive disorder, and post-traumatic stress disorder. Additionally, he acquired a …Read more

Tags: Bipolar, Disabled, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology
Download Judgment: English

Taha v. Broadmeadows Magistrates’ Court; Brookes v. Magistrates’ Court of Victoria

Country: Australia
Year: 2013
Court: Supreme Court of Victoria Court of Appeal
Citation: [2013] VSCA 37
Health Topics: Mental health, Violence
Human Rights: Right to due process/fair trial
Facts:

Mr. Taha was arrested for failing to pay outstanding traffic fines and was sentenced to imprisonment by a magistrate after a hearing. Mr. Taha was intellectually disabled and had been certified as such and placed on a Justice Plan. Neither his legal representative nor the magistrate were aware of this, but if they were they …Read more

Tags: Domestic abuse, Domestic violence, Mental disability
Download Judgment: English

Kracke v. Mental Health Review Board & Anor (No. 2) (General)

Country: Australia
Year: 2009
Court: Victorian Civil and Administrative Tribunal
Citation: [2009] VCAT 1548
Health Topics: Informed consent, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

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

Tags: Community-based care, Compulsory commitment, Compulsory confinement, Compulsory treatment, Informed choice, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Non-consensual testing and treatment, Patient choice
Download Judgment: English

De Bruyn v. Minister of Justice and Customs

Country: Australia
Year: 2004
Court: Federal Court of Australia
Citation: (2004) 143 FCR 162; (2004) 213 ALR 479; [2004] FCAFC 334
Health Topics: HIV/AIDS, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The Appellant, De Bruyn, was a citizen of South Africa. The Respondent, the Minister of Justice and Customs (the Minister), ordered the Appellant to be surrendered to South Africa for an extradition offense. The Appellant was to be charged in South Africa with defrauding the First National Bank of South Africa. The Treaty on Extradition …Read more

Tags: AIDS, Cruel and unusual punishment, Cruel treatment, Detention, HIV, Imprisonment, Incarceration, Inhuman treatment, Jail, Law enforcement, Most-at-risk, Rape, Sexual abuse, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture, Transmission
Download Judgment: English

Re Evelyn

Country: Australia
Year: 1998
Court: Family Court
Citation: (1998) 145 FLR 90; (1998) 23 Fam LR 53; (1998) FLC 92-807; [1998] FamCA 55
Health Topics: Child and adolescent health, Mental health, Sexual and reproductive health
Human Rights: Right to family life
Facts:

“Evelyn” was born to Mrs. S as a result of a surrogacy arrangement with Mr. and Mrs. Q. Mr. and Mrs. Q and Mr. and Mrs. S had been close friends for some years and had shared several joint holidays. Mrs. Q had discussed her infertility with Mrs. S and after much deliberation, Mrs. S …Read more

Tags: Assisted reproductive technology, Child development, Childbirth, Children, Family planning, Fertility, In utero fertilization, Infertility, Minor, Psychology
Download Judgment: English

Sunshine Porcelain Potteries Proprietary Ltd. v. Nash

Country: Australia
Year: 1961
Court: Privy Council
Citation: [1961] AC 927; [1961] 3 All ER 203; [1961] 3 WLR 747; 105 SJ 606
Health Topics: Chronic and noncommunicable diseases, Disabilities, Occupational health
Facts:

Ms. Nash brought an action for compensation under the Victorian Worker’s Compensation Act 1928 (the 1928 Act) against her former employers, Sunshine Porcelain. She claimed compensation was payable after she contracted silicosis in the workplace. Sunshine Porcelain Potteries employed Ms. Nash in the years 1931-38. During her time as an employee of Sunshine Porcelain, Ms. …Read more

Tags: Asbestos, Damages, Disabled, Employment, Job safety, Lung disease, Noncommunicable diseases, Occupational disease, Occupational hazards, Occupational health and safety, Workers' compensation
Download Judgment: English