17 judgments found.

JD (FC) v. East Berkshire Community Health NHS Trust and Ors.

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 23
Health Topics: Child and adolescent health, Medical malpractice, Mental health, Violence
Human Rights: Right to due process/fair trial
Facts:

JD and MAK, parents of children with severe medical conditions, were wrongly suspected of child abuse through the misdiagnosis of their children by doctors. The ensuing investigation was conducted negligently. Each parent in consequence suffered psychiatric disorder and their family life was disrupted and they issued proceedings against the respective health authorities and individual doctors …Read more

Tags: Children, Domestic abuse, Duty of care, Negligence, Pediatric health, Psychiatry, Psychology, Tort
Download Judgment: English

Maria da Penha Maia Fernandes v. Brazil

Country: Brazil
Year: 2001
Court: Inter-American Commission on Human Rights
Citation: Maria da Penha Maia Fernandes v. Brazil, Case 12.051, Inter-Am. Comm’n H.R., Report No. 54/01, OEA/Ser./L/V/II.111 doc. 20 rev. (2001).
Health Topics: Mental health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Maria da Penha Maia Fernandes was physically abused by her husband, Mr. Heredia Viveiros, for many years. In May 1983, he shot her while she was sleeping in an attempt to murder her. She survived but sustained serious injuries and became paraplegic. Two weeks after the shooting, he attacked her again and at that moment …Read more

Tags: Assault, Domestic abuse, Domestic violence, Violence against women
Download Judgment: English

R. v. Godoy

Country: Canada
Year: 1999
Court: Supreme Court
Citation: [1999] 1 R.C.S. 311
Health Topics: Violence
Human Rights: Right to life, Right to privacy
Facts:

In June 1992 four police officers attended an apartment from which an unknown trouble call to the police had originated. An unknown trouble call is an emergency call to the police in which the line is disconnected before the caller speaks. Such calls are deemed by police policy to be the second highest priority distress …Read more

Tags: Domestic abuse, Domestic violence, Law enforcement, Police
Download Judgment: English French

Johansen v. Norway

Country: Norway
Year: 1996
Court: European Court of Human Rights
Citation: Case No. 24/1995/530/616, August 7, 1996
Health Topics: Child and adolescent health, Controlled substances, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to family life
Facts:

Johansen (J) gave birth to a son, C, in 1977 when she was seventeen years old and they became dependent on social assistance. From 1980 onwards she cohabited with a man who was sentenced to two years’ imprisonment for drug offences in 1983 and who mistreated her and C. The welfare authorities assisted J on …Read more

Tags: Alcohol, Child development, Children, Domestic abuse, Domestic violence, Drug abuse, Drug use, Mental disorder, Mental illness, Minor, Substance abuse
Download Judgment: English French

Stubbings and Ors. v. United Kingdom

Country: United Kingdom
Year: 1996
Court: European Court of Human Rights
Citation: Application No. 22083/93; 22095/93
Health Topics: Child and adolescent health, Violence
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Stubbings was born in 1957, placed in the care of Mr. and Mrs. W by a local authority when she was  two years old, and adopted by them when she was three. She alleged that she was sexually assaulted by Mr. W and committed acts of indecency at his instigation on a number of occasions …Read more

Tags: Assault, Child development, Children, Domestic abuse, Rape, Sexual abuse, Sexual assault
Download Judgment: English

Drbal v. Czech Republic

Country: Czech Republic
Year: 1994
Court: United Nations Human Rights Committee
Citation: Communication No 498/1992
Health Topics: Child and adolescent health, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to family life
Facts:

Drbal (D) had not complied with a court order giving custody of his daughter to her mother because, in his view, she was mentally ill and aggressive. An attempt to take away the child by force had also failed. He complained about the bias of the court’s chairman and the disregard of the medical evidence …Read more

Tags: Child development, Children, Domestic abuse, Mental disorder, Minor
Download Judgment: English

R v Swain

Country: Canada
Year: 1991
Court: Supreme Court of Canada
Citation: [1991] 1 RCS
Health Topics: Mental health, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Swain was arrested and charged with assault and aggravated assault. Due to his bizarre conduct during the incident and at the time of his arrest, Swain was transferred from jail to a mental health centre before trial. His condition improved with medication, and he was conditionally released into the community before trial. Swain continued to …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Custody, Detention, Domestic abuse, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Psychosis, Threat of violence, Violence against women
Download Judgment: English