45 judgments found.

Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Tags: Abuse, Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Epilepsy, Examination, Forced examination, Forced treatment, Imprisonment, Inadequate treatment, Inappropriate treatment, Incapacity, Incarceration, Informed choice, Inmate, Involuntary examination, Involuntary treatment, Jail, Lung disease, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pneumonia, Prison conditions, Psychosis, Pulmonary diseases, Respiratory diseases, Standard of care, Suicide, Trauma
Download Judgment: English

Kings College Hospital NHS Foundation Trust v. C and V

Country: United Kingdom
Year: 2015
Court: Court of Protection
Citation: [2015] EWCOP 80
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity
Facts:

The Kings College Hospital challenged respondent C’s ability to decide to end life-saving treatment, effectively choosing to die, by alleging that she lacked mental capacity. C had attempted to commit suicide by ingesting 60 paracetamol tablets with champagne.  She made this decision shortly after undergoing  treatment for breast cancer and ending of a long term …Read more

Tags: Compulsory treatment, Degrading treatment, Forced treatment, Health care professionals, Incapacity, Informed choice, Involuntary treatment, Mandatory treatment, Mental competence, Mental disorder, Mental illness, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychology, Public hospitals, Suicide, Unauthorized treatment
Download Judgment: English

Aurnhammer v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 36356/10
Health Topics: Health care and health services, Hospitals, Medicines, Mental health, Violence
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

On August 19, 2004, Mr. Veit Aurnhammer was convicted by the Regensburg Juvenile District Court of causing bodily harm and damage to property after he struck two ticket collectors in the face when they tried to prevent him from evading ticket controls. Aurnhammer was further convicted of dangerous bodily injury after attacking his sleeping cellmate …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Psychiatry, Schizophrenia
Download Judgment: English

M.H. v. United Kingdom

Country: United Kingdom
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 11577/06
Health Topics: Mental health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant was severely disabled as a result of Down’s Syndrome. The applicant lived with her mother, her nearest relative. She often exhibited difficult behavior and towards the end of 2002 social workers had become extremely concerned about the impact on the physical and mental health of the applicant and her mother. On 31 January …Read more

Tags: Compulsory commitment, Detainee, Detention, Incapacity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry
Download Judgment: English

Zierd v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: App. No. 75095/11
Health Topics: Health care and health services, Hospitals, Medicines, Mental health
Human Rights: Right to bodily integrity
Facts:

Ms. Rosel Zierd filed an application claiming that the psychiatric medication administered against her late son’s will violated her own and her late son’s Convention rights. On May 31, 2006, Ms. Zierd’s son, H, was found by the Meiningen Regional Court to have committed a number of traffic offenses, including involuntary manslaughter. The court determined …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Suicide
Download Judgment: English

B. v. Romania (no. 2)

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to family life, Right to privacy
Facts:

The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Counselling, Disabled, Forced examination, Handicapped, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory commitment, Mandatory confinement, Mandatory examination, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English

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

Re SB

Country: United Kingdom
Year: 2013
Court: Court of Protection
Citation: [2013] EWHC 1417 (COP)
Health Topics: Hospitals, Informed consent, Medicines, Mental health, Sexual and reproductive health
Facts:

A pregnant 37-year-old woman diagnosed with bipolar disorder was compulsorily detained under Section 2 of the Mental Health Act 1983. She had been on and off medication for 8 years and had suffered both remissions and relapses, due to which she was detained at various times in Italy, France and in England where she currently …Read more

Tags: Abortion, Bipolar, Compulsory commitment, Compulsory confinement, Incapacity, Incompetence, Informed choice, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Paranoia, Patient choice, Psychiatry, Spousal consent, Suicide, Termination of pregnancy
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

Centre for Addiction and Mental Health v. Ontario

Country: Canada
Year: 2012
Court: Court of Appeals for Ontario
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
Download Judgment: English
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