M.S. v. The United Kingdom
Country: United KingdomYear: 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
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
R v. DAI
Country: CanadaYear: 2012
Court: The Supreme Court of Canada
Citation: [2012] SCC 5
Health Topics: Disabilities, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more
Stanev v. Bulgaria
Country: BulgariaYear: 2012
Court: European Court of Human Rights
Citation: Application no. 36760/06
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
S, an adult male diagnosed with schizophrenia, lived for many years with his half-sister and step-mother, his closest living relatives, before they applied in 2000 to the Ruse Regional Court to have S declared legally incapacitated. The court declared S only partially incapacitated. S’s family refused to accept guardianship for S, and the court instead …Read more
Sykora v. Czech Republic
Country: Czech RepublicYear: 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
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
Carl Peter Erdliner v. Government of Rwanda
Country: RwandaYear: 2010
Court: High Court at Kigali
Citation: Case N° RPA 0646/10/HC/KIG
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Mental health, Prisons
Human Rights: Freedom of expression, Right to due process/fair trial, Right to health
The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more
VM v. RIDCA Central (Regional Intellectual Disability Care Agency)
Country: New ZealandYear: 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
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
Cumming v. The Queen
Country: New ZealandYear: 2008
Court: Supreme Court
Citation: [2008] NZSC 39
Health Topics: Mental health
Human Rights: Right to due process/fair trial
In 2002, the High Court convicted C on eight counts of sexual assault, including rape, unlawful sexual connection, and other offences against the person including detaining with intent to have sexual intercourse. C was subsequently sentenced to preventive detention. C conducted his own defense during the trial. The jury addressed its concerns about the manner …Read more
M.J.R. s/insanía
Country: ArgentinaYear: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S.C. February 19, 2008, "M.J.R. s/ insanía"
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
On June 4, 1982 M.J.R. , a minor, accused of aggravated murder, was declared unpunishable by law by the National Criminal Examining Court of First Instance number 16, which determined he had to remain in hospital as a safety measure. On July 11, 1983, the advisor on minors filed a process of disability to the …Read more
Shtukaturov v. Russia
Country: RussiaYear: 2008
Court: European Court of Human Rights
Citation: App. No. 44009/05, Eur. Ct. H.R. (2008).
Health Topics: Informed consent, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more
Case 13-P
Country: RussiaYear: 2007
Court: Constitutional Court
Citation: No. 13-P. Concerning the Constitutionality of Sections 402, 433, 437, 438, 439, 441, 444 and 445 of the Code of Criminal Procedure of the Russian Federation
Health Topics: Mental health
Human Rights: Freedom from discrimination, Right to due process/fair trial
Ablamskiy, Lobashova and Matveev were approved for compulsory medical treatment or institutionalization after psychiatric examinations, and were thus not allowed to appeal their compulsory medical measures or participate in their criminal proceedings. They argued that the procedural rules governing the due process rights of individuals declared mentally incompetent were unconstitutional under the Constitution of the …Read more