48 judgments found.

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

Winko v British Columbia (Forensic Psychiatric Institute)

Country: Canada
Year: 1999
Court: Supreme Court of Canada
Citation: [1999] 2 SCR 625
Health Topics: Hospitals, Mental health, Violence
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The appellant was schizophrenic and was arrested for attacking pedestrians on the street with a knife. Prior to the incident he had been hearing voices. The appellant was charged with aggravated assault, assault with a weapon, and possession of a weapon for purposes dangerous to the public peace. He was found not criminally responsible (“NCR”) …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Freedom from discrimination. TAGS: Health facilities, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychosis, Public hospitals, Right to bodily integrity, Schizophrenia
Download Judgment: English

In re L (by his next friend GE)

Country: United Kingdom
Year: 1998
Court: House of Lords
Citation: [1998] UKHL 24
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Mr. L was a mentally retarded person who was incapable of consenting to medical treatment. From the age of 13, he had been a resident at the Bournewood Hospital which was governed by the appellant, NHS Trust. Mr. L was discharged from the hospital on a trial basis into the community with paid carers, though …Read more

Tags: Compulsory commitment, Compulsory confinement, Emergency care, Health care professionals, Health care workers, Health facilities, Health regulation, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental institution, Mental retardation, Patient choice
Download Judgment: English

R (on application of S) v. Louize Collins and Ors.

Country: United Kingdom
Year: 1998
Court: Court of Appeal, Civil Division
Citation: [1998] EWCH Admin 490
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

A 36 weeks-pregnant woman, referred to as “MS”, sought care as a new patient at a local National Health Service (NHS) practice on 25th April 1996. She previously had not sought any ante-natal care. She was quickly diagnosed with pre-eclampsia, a condition threatening the life and health of both her and her baby. She rejected …Read more

Tags: Caesarean, Childbirth, Compulsory treatment, Depression, Diagnostics, Eclampsia, Emergency care, Examination, Forced treatment, Incapacity, Informed choice, Involuntary treatment, Mandatory treatment, Maternal health, Mental competence, Non-consensual testing and treatment, Patient choice, Pregnancy, Public hospitals, Unauthorized treatment
Download Judgment: English

Burnett v. Mental Health Tribunal

Country: Australia
Year: 1997
Court: Supreme Court of Australian Capital Territory
Citation: [1997] ACTSC 310
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

This case involved a challenge to a decision of the Australian Capital Territory (ACT) Mental Health Tribunal. The ACT Supreme Court set aside an order to detain and administer psychiatric treatment to Geraldine Patricia Burnett, a 38 year old woman who suffered from a mild psychotic disorder. Burnett had at various times been taken into …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory treatment, Forced treatment, Incapacity, Incompetence, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Non-evidence based treatment, Paranoia, Psychiatry, Psychology
Download Judgment: English

Sahadath v. Trinidad and Tobago

Country: Trinidad and Tobago
Year: 1996
Court: United Nations Human Rights Committee
Citation: Communication No. 684/1996, CCPR/C/74/D/684/1996
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

R.S. was convicted of murder and sentenced to death. On 8 March 1996, the same day that five other warrants of execution were read (although the prison was only equipped to handle two executions a day), R.S. was read a warrant for his execution, to take place on 13 March 1996. Along with a psychiatrist, …Read more

Tags: Access to health care, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detention, Execution, Humiliating treatment, Imprisonment, Incapacity, Incarceration, Incompetence, Inhuman treatment, Inmate, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Prison conditions, Psychiatry
Download Judgment: English

STC 215/1994

Country: Spain
Year: 1994
Court: Constitutional Court
Health Topics: Infectious diseases, 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 life
Facts:

The parents of a mentally-disabled woman requested that the court authorize the sterilization of their daughter.  According to the Article 428 of the Criminal Code made in accordance with Article 6 LO 3/89 of 21 June (the “challenged provision”), sterilization of a disabled person who suffered from serious psychological deficiency would not be unlawful if the …Read more

Tags: Abortion, Birth control, Childbirth, Compulsory sterilization, Degrading treatment, Forced abortion, Forced sterilization, Humiliating treatment, Incapacity, Incompetence, Inhuman treatment, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, Sterilization, STIs
Download Judgment: English

In re T (adult: refusal of medical treatment)

Country: United Kingdom
Year: 1992
Court: Court of Appeal, Civil Division
Citation: [1992] 4 All ER 649, CA
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more

Tags: Emergency care, Health care professionals, Health care workers, Incapacity, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English