45 judgments found.

E.B. v. X

Country: Italy
Year: 2007
Court: Supreme Court of Cassation
Citation: Case No. 21748/2007 of 16 October 2007
Health Topics: Diet and nutrition, Disabilities, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

E.E., an adult, was in a car accident in 1992. As a result of this accident, she entered into an irreversible vegetative coma. E.E. was not clinically dead, defined as the “irreversible  cessation  of  all  encephalon  functions,” but was clinically in a permanent vegetative state (PVS). She was kept alive through force-feeding by means of …Read more

Tags: Compulsory treatment, Disabled, Duty of care, Food, Health care professionals, Health care workers, Incapacity, Incompetence, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Starvation, Unauthorized treatment
Download Judgment: English Italian

Reynoso, Nilda Noemí v. I.N.S.S.J.P.

Country: Argentina
Year: 2006
Court: Supreme Court of Justice [Corte Suprema de la Nación Argentina]
Citation: R. 638. XL
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The Petitioner, an elderly woman with diabetes, filed an action of amparo against the I.N.S.S.J.P, a public entity devoted to the provision of public health insurance to retired people. She requested the judiciary to order the Respondent to provide her 100U of human insulin, reactive tape and disposable syringes, as well as the medicine “Ampliactil” …Read more

Tags: Access to medicines, Access to treatment, Aged persons, Diabetes, Elderly, Emergency care, Essential medicines, Health funding, Health insurance, Incapacity, Incompetence, Indigent, Insanity, Low income, Mental competence, Older persons, Poor, Senior citizens, Social security, Underprivileged
Download Judgment: English Spanish

Case 248357

Country: France
Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°248357, 26 September 2005
Health Topics: Child and adolescent health, Disabilities, Informed consent, 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:

In 2002, the ASSOCIATION AGAINST HANDIPHOBIA brought this challenge to Article L. 2123-2 of the Public Health Code, which allows for a guardian judge to impose contraception, sterilization and pregnancy termination on people with mental disabilities after rigorous review. The Association claimed the law was unconstitutional, a violation of the Declaration of the Rights of …Read more

Tags: Abortion, Compulsory sterilization, Compulsory treatment, Contraception, Forced abortion, Forced sterilization, Forced treatment, Incapacity, Incompetence, Involuntary sterilization, Involuntary treatment, Judicial bypass, Mandatory treatment, Mental competence, Mental disability, Mental retardation, Minor, Non-consensual testing and treatment, Parental consent, Pregnancy, Sterilization, Termination of pregnancy
Download Judgment: English French

Case 358-2004

Country: Mexico
Year: 2004
Court: Supreme Court of Justice of the State of Michoacán [Supremo Tribunal de Justicia del Estado de Michoacán]
Citation: No. 358/2004, appeal of criminal process 257/2003
Health Topics: Child and adolescent health, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Right to family life, Right to life
Facts:

O.M. is a Mexican woman who left her newborn son in a garbage can in the municipal headquarters of Santa Clara del Cobre after having given labor in the public restrooms. The woman placed toilet paper on the newborn child’s mouth cavity and nostrils to prevent others from hearing the newborn child cry, cut his …Read more

Tags: Child mortality, Childbirth, Family planning, Incapacity, Incompetence, Indigenous groups, Infant mortality, Insanity, Low income, Poor, Pregnancy, Psychology, Rape, Sexual assault, Sexual violence, Underprivileged, Viability
Download Judgment: English Spanish

Regina (on the application of H) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2003
Court: House of Lords
Citation: [2003] UKHL 59; [2004] 1 All ER 412
Health Topics: Health systems and financing, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

H, a young woman who suffered from Down’s syndrome and was severely mentally disabled, lived with her mother, BL, who was deeply distrustful of the health authorities. When her BL fell ill and H’s behaviour became increasingly disturbed H was formally admitted to hospital for assessment under section 2 (allowing mandatory commitment for mentally ill …Read more

Tags: Compulsory commitment, Health regulation, Incapacity, Incompetence, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Patient choice, Psychiatry
Download Judgment: English

Starson v. Swayze

Country: Canada
Year: 2003
Court: Supreme Court
Citation: (2001) 201 D.L.R. (4th) 123, 146 O.A.C. 121, 33 Admin. L.R. (3d) 315
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity
Facts:

The respondent Starson was a physicist who was diagnosed with bipolar disorder and had intermittently received treatment in various mental institutions in the United States and Canada. Historically, he had used medication to regulate the condition. However, the side effects dulled Starson’s mind, and he refused further treatment, despite being informed his condition would deteriorate …Read more

Tags: Bipolar, Compulsory treatment, Diagnostics, Examination, Forced treatment, Incapacity, Involuntary treatment, Mandatory treatment, Mental competence, Mental illness, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Case SU-1167/01

Country: Colombia
Year: 2001
Court: Constitutional Court
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to social security
Facts:

Doris Fabiola Reinoso Barroso was the daughter of Esteban Reinoso (the Plaintiff) a Colombian Petroleum Company (the Respondent) pensioner, who enjoyed medical assistance services covered by the Respondent. Although she was an adult, Ms. Barroso was listed as a beneficiary of the Plaintiff on these medical assistance services, as her paranoid schizophrenia meant that she …Read more

Tags: Access to health care, Access to treatment, Childbirth, Health insurance, Incapacity, Incompetence, Maternal health, Mental competence, Out-of-pocket expenditures, Paranoia, Pregnancy, Schizophrenia, Social security
Download Judgment: English Spanish

K. and T. v. Finland

Country: Finland
Year: 2001
Court: European Court of Human Rights
Citation: Application No. 25702/94; (2003) 36 EHRR 18; [2000] ECHR 173
Health Topics: Child and adolescent health, Hospitals, Mental health
Human Rights: Right to family life
Facts:

Applicants were two Finnish Nationals, a mother (K.) and her cohabitant (T.). K., a diagnosed schizophrenic, had a history of hospitalization. At the time K. and T. began cohabitating in 1991, K.’s daughter (P.) and son (M.) were living with her. The children had different fathers, neither of whom was T. In 1992, custody of …Read more

Tags: Child development, Children, Compulsory commitment, Health facilities, Incapacity, Incompetence, Infant health, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Minor, Pediatric health, Psychiatry, Psychology, Schizophrenia
Download Judgment: English Albanian French

Matter v. Slovak Republic

Country: Slovakia
Year: 1999
Court: European Court of Human Rights
Citation: Application No. 31534/96; [1999] ECHR 38
Health Topics: Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Applicant, Mr Wilibald Rudolf Matter, had been undergoing psychiatric treatment for twenty years for a continually worsening syndrome of dementia. As a result, the Čadca District Court restricted his legal capacity in 1976, and later in 1983 deprived him of all legal capacity on the ground that he suffered from an “explosive and vexatious form …Read more

Tags: Compulsory examination, Forced examination, Incapacity, Involuntary examination, Mandatory examination, Mental disability, Mental disorder, Mental illness, Paranoia, Psychosis
Download Judgment: English