12 judgments found.

E.S. v. Austria

Country: Austria
Year: 2018
Court: European Court of Human Rights
Citation: Application no. 38450/12
Health Topics: Public safety
Human Rights: Freedom of expression, Freedom of religion
Facts:

In Austria, a woman was convicted after leading several seminars entitled “Basic Information on Islam” at the right-wing Freedom Party Education Institute, beginning in January 2008.  These seminars were publicly advertised on the Freedom Party’s website, and the leaders of the Freedom Party distributed leaflets specifically aimed to encourage young voters to attend.  An undercover …Read more

Tags: Community-based care, Criminalization, freedom of religion, Law enforcement, Threat of violence
Download Judgment: English

Pellett (Re)

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 753
Health Topics: Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Community-based care, Compulsory treatment, Harm reduction, Informed choice, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Patient choice, Pharmaceuticals, Psychiatry, Psychosis, Psychotropic drugs, Schizophrenia
Download Judgment: English

Thompson, et al. v. Ontario

Country: Canada
Year: 2013
Court: Ontario Superior Court of Justice
Citation: 2013 ONSC 5392
Health Topics: Health care and health services, Health systems and financing, Mental health, Public safety
Human Rights: Freedom from discrimination, Right to life
Facts:

The Court examined the constitutionality of Brian’s Law, which was passed in 2000 after a man named Brian Smith was fatally shot by an untreated schizophrenic. The law included expanded committal criteria and allowed for involuntary admission for individuals who had experienced “substantial mental deterioration,”even if they were not necessarily a danger to others. In …Read more

Tags: Community-based care, Compulsory commitment, Compulsory confinement, Examination, Health regulation, Incapacity, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Psychiatry, Schizophrenia, Threat of violence
Download Judgment: English

M.S. v. The United Kingdom

Country: United Kingdom
Year: 2012
Court: European Court of Human Rights
Citation: Application no. 24527/08
Health Topics: Health systems and financing, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

After sounding a car horn repeatedly and behaving in a highly agitated manner, the applicant was arrested by police in Birmingham, United Kingdom. It was determined that before his arrest, the man had inflicted serious injury upon his aunt at his residence. He was detained under section 136 of the Mental Health Act, which allows …Read more

Tags: Community-based care, Compulsory commitment, Compulsory confinement, Cruel treatment, Degrading treatment, Examination, Health facilities, Humiliating treatment, Incapacity, Inhuman treatment, Insanity, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Police, Psychosis
Download Judgment: English

Antunovic v. Dawson and Anr.

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
Download Judgment: English

Case 53-O09-81

Country: Russia
Year: 2009
Court: Supreme Court
Health Topics: Informed consent, Mental health, Public safety
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person
Facts:

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

Tags: Community-based care, Compulsory commitment, Compulsory treatment, Insanity, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Threat of violence
Download Judgment: English Russian

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

VM v. RIDCA Central (Regional Intellectual Disability Care Agency)

Country: New Zealand
Year: 2009
Court: High Court
Citation: [2009] NZHC 545
Health Topics: Mental health, Public safety
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, VM, challenged a renewal of her detention under a compulsory care order governed by the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (the “Act”). In 2005, the appellant was charged with possession of a knife in a public place when she became fixated on one of her care workers and showed up …Read more

Tags: Community-based care, Compulsory commitment, Health care professionals, Health care workers, Incapacity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental institution, Psychology
Download Judgment: English

Huitema v. PGK

Country: New Zealand
Year: 2005
Court: Family Court
Citation: FAM-2005-009-003589
Health Topics: Mental health, Violence
Human Rights: Right to liberty and security of person
Facts:

PGK, age 56, was convicted for a sexual violation and placed in a compulsory care facility pursuant to the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 for a period of three years. PGK has been in the care facility for the past 18 months. PGK has a history of sexual offenses and felonious behavior and …Read more

Tags: Community-based care, Compulsory commitment, Compulsory treatment, Health care workers, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Mental disability, Mental illness, Mental institution, Sexual abuse, Sexual assault
Download Judgment: English

Waitemata Health v. Attorney-General

Country: New Zealand
Year: 2001
Court: Court of Appeal
Citation: [2001] NZCA 312; [2001] NZFLR 1122; (2001) 21 FRNZ 216
Health Topics: Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, H, had a history of sexually violent behavior toward women, and he experienced his first imprisonment and compulsory treatment order in 1998. H had been receiving treatment at the Mason Clinic since prisoners were not permitted outpatient community treatment. In 1999, H completed his prison sentence, but none of his physicians initiated proceedings …Read more

Tags: Community-based care, Compulsory commitment, Involuntary commitment, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Sexual abuse, Sexual assault, Sexual violence, Sociopath, Threat of violence, Violence against women
Download Judgment: English
Page 1 of 212