49 judgments found.

Case EAND/0895/02/13

Country: Armenia
Year: 2013
Court: Civil Court of Appeal [Հայաստանի Հանրապետության Վերաքննիչ քաղաքացիական դատարան]
Citation: Case № ԵԱՆԴ/0895/02/13
Health Topics: Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, Zhuleta Amarikyan, was compulsorily committed to inpatient psychiatric treatment on the request of the head of the psychiatric clinic. Amarikyan was diagnosed with acute delirium syndrome and was described as being a danger to herself and others and unable to control her actions. At the time of the trial of Amarikyan’s commitment, Amarikyan …Read more

Tags: Clinics, Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Diagnostics, Forced examination, Forced treatment, Health care professionals, Health care workers, Health facilities, Incapacity, Incompetence, Insanity, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Public hospitals
Download Judgment: English Armenian

Cuthbertson v. Rasouli

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 53
Health Topics: Informed consent
Human Rights: Right to bodily integrity
Facts:

Doctors Cuthbertson and Rubenfeld sought a declaration that the withdrawal of life support from a patient was not treatment requiring consent under the Health Care Consent Act (“HCCA”) where its continued provision is deemed futile. In 2010, following surgery to remove a benign brain tumor, Mr. Rasouli contracted an infection that caused severe brain damage. …Read more

Tags: Forced treatment, Health care professionals, Informed choice, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
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I.G. and Others v. Slovakia

Country: Slovakia
Year: 2012
Court: European Court of Human Rights
Citation: App. No. 15966/04
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life
Facts:

Three applicants of Roma ethnic origin were all sterilized in a public hospital during Caesarean section deliveries. The first applicant was not told that she had been sterilized. After the delivery, a doctor asked her to sign a document that all women who had Caesarean sections had to sign. Five days after the delivery she …Read more

Tags: Caesarian, Childbirth, Compulsory sterilization, Family planning, Forced sterilization, Forced treatment, Inappropriate treatment, Infertility, Informed choice, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Non-consensual testing and treatment, Parental consent, Patient choice, Public hospitals, Sterilization, Unauthorized treatment
Download Judgment: English

M v. Ukraine

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
Download Judgment: English

N.B. v Slovakia

Country: Slovakia
Year: 2012
Court: European Court of Human Rights
Citation: N.B. v Slovakia, App. No. 29518/10, Eur. Ct. H.R. (2012).
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life
Facts:

Ms. N.B. was of Roma ethnic origin. She was sterilized at a public hospital, at the age of 17, during the birth of her second child. Ms. N.B. asserted that she had been coerced into signing authorizations for her sterilization, that she was segregated within the hospital due to her ethnicity and that the decision …Read more

Tags: Caesarean, Childbirth, Children, Compensation, Compulsory sterilization, Compulsory treatment, Cruel treatment, Degrading treatment, Family planning, Forced sterilization, Forced treatment, Health care professionals, Health care workers, Humiliating treatment, In utero fertilization, Inappropriate treatment, Infertility, Informed choice, Inhuman treatment, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Minor, Non-consensual testing and treatment, Parental consent, Patient choice, Pregnancy, Public hospitals, Remedies, Sterilization, Unauthorized treatment
Download Judgment: English

Sykora v. Czech Republic

Country: Czech Republic
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 23419/07; [2012] ECHR 1960
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Milan Sykora, a Czech national, suffered from a psycho-social disability and did not take his medication because he claimed it negatively affected his eyesight. In November 2000 the Brno Municipal Court deprived Sykora of his capacity to make legal decisions after he failed to collect his pension for four years. The decision was made based …Read more

Tags: Compulsory commitment, Compulsory examination, Compulsory testing, Compulsory treatment, Forced examination, Forced treatment, Health care professionals, Health care workers, Incapacity, Involuntary commitment, Involuntary examination, Involuntary testing, Involuntary treatment, Mandatory commitment, Mandatory examination, Mandatory testing, Mandatory treatment, Mental competence, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Paranoia, Patient choice, Psychiatry, Psychosis, Schizophrenia, Unauthorized treatment
Download Judgment: English

V.C. v. Slovakia

Country: Slovakia
Year: 2011
Court: European Court of Human Rights
Citation: App. No. 18968/07, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life, Right to privacy
Facts:

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

Tags: Birth control, Caesarean, Childbirth, Compulsory sterilization, Contraception, Contraceptives, Family planning, Forced sterilization, Forced treatment, Health facilities, Inappropriate treatment, Infertility, Informed choice, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Maternal mortality, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
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 5299/2010

Country: Spain
Year: 2010
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 5299/2010
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

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

Tags: Caesarean, Childbirth, Compensation, Compulsory treatment, Damages, Diagnostics, Emergency care, Forced treatment, Health care professionals, Health care workers, Inappropriate treatment, Infant health, Informed choice, Involuntary treatment, Maternal health, Midwifery, Patient choice, Pregnancy, Remedies, Standard of care
Download Judgment: English

Jehovah’s Witnesses of Moscow and Others v. Russia

Country: Russia
Year: 2010
Court: European Court of Human Rights
Citation: Application No. 302/02
Health Topics: Health care and health services, Informed consent
Human Rights: Freedom from discrimination, Freedom of association, Freedom of religion
Facts:

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

Tags: Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Emergency care, Forced treatment, Informed choice, Involuntary examination, Involuntary testing, Involuntary treatment, Patient choice, Unauthorized treatment
Download Judgment: English