48 judgments found.

Megyeri v. Germany

Country: Germany
Year: 1992
Court: European Court of Human Rights
Citation: App. No. 13770/88, 15 Eur. H.R. Rep. 584 (1993).
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

The applicant, a Hungarian citizen living in Germany, was detained in a psychiatric hospital based on the finding that he had performed acts which constituted criminal offences but for which he could not be held responsible because he was mentally disabled. The applicant instituted numerous proceedings concerning the review of his detention without representation by …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Schizophrenia
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Margareta and Roger Anderson v. Sweden

Country: Sweden
Year: 1991
Court: The European Court of Human Rights
Citation: Case No. 61/1990/252/323
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Hospitals, Mental health
Human Rights: Right to family life, Right to privacy
Facts:

Roger Anderson (son of Margareta) was taken into public care on a provisional basis. When he started school, it was found that he lacked social skills and maturity. Margareta rejected suggestions made by the Social welfare authorities. Roger stopped attending school in December 1984. Margareta and Roger moved to an address unknown to the authorities …Read more

Tags: Children, Clinics, Diabetes, Health facilities, Incapacity, Incompetence, Mental competence, Minor
Download Judgment: English

R v. Chaulk

Country: Canada
Year: 1990
Court: Supreme Court
Citation: [1990] 3 SCR 1303
Health Topics: Mental health
Human Rights: Right to due process/fair trial
Facts:

The appellants were found guilty of first degree murder. At trial, expert evidence was given that the appellants suffered from a paranoid psychosis which made them believe they could rule the world, and in order to achieve this they had to kill. Although they were aware that the laws of Canada existed, the appellants did …Read more

Tags: Incapacity, Insanity, Mental capacity, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Psychosis, Sociopath
Download Judgment: English

E. (Mrs.) v. Eve

Country: Canada
Year: 1986
Court: Supreme Court
Citation: [1986] 2 S.C.R. 388
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth.  Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more

Tags: Compulsory sterilization, Compulsory treatment, Contraception, Contraceptives, Family planning, Forced sterilization, Forced treatment, Incapacity, Incompetence, Informed choice, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization
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X & Y v. The Netherlands

Country: Netherlands
Year: 1985
Court: European Court of Human Rights
Citation: App. No. 8978/80, 8 Eur. H.R. Rep. 235 (1986).
Health Topics: Child and adolescent health, Disabilities, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The applicant, a father of a mentally handicapped woman, found himself unable to institute criminal proceedings against an individual who had sexually assaulted his daughter due to a gap in the domestic criminal laws of the Netherlands, which required the victim to file the complaint herself. Although the victim was more than sixteen years of …Read more

Tags: Children, Disabled, Handicapped, Incapacity, Incompetence, Mental competence, Mental disability, Mental disorder, Mental retardation, Minor, Molestation, Pediatric health, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English

Luberti v. Italy

Country: Italy
Year: 1984
Court: European Court of Human Rights
Citation: App. No. 9019/80, 6 Eur. H.R. Rep. 440 (1984).
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

Applicant, Luberti, an Italian national, shot and killed his mistress and was sentenced to twenty years imprisonment. The applicant pleaded insanity and several experts concluded that the applicant was suffering from mental illness. These findings were accepted by the Court of Appeal and he was acquitted on grounds of mental incapacity and the applicant was …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Paranoia, Psychiatry, Psychosis
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Rouse v. Cameron (No. 2)

Country: United States
Year: 1967
Court: District of Columbia Circuit Court of Appeals
Citation: 387 F.2d 241 (1967)
Health Topics: Mental health
Human Rights: Right to due process/fair trial
Facts:

Petitioner Rouse brought this habeas corpus action alleging that he had been unlawfully committed to a hospital for the mentally ill because he had not voluntarily and knowingly introduced the insanity defense or authorized his attorney to do so during his trial on a misdemeanor charge of carrying a weapon without a license. When he …Read more

Tags: Compulsory commitment, Incapacity, Incompetence, Insanity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology
Download Judgment: English

Rouse v. Cameron (No. 1)

Country: United States
Year: 1966
Court: District of Columbia Circuit Court of Appeals
Citation: 373 F.2d 451 (1966)
Health Topics: Mental health
Human Rights: Right to health, Right to liberty and security of person
Facts:

In 1962, Appellant Rouse was involuntarily committed to a mental hospital pursuant to D.C. Code § 24-301 after being found not guilty by reason of insanity of carrying a dangerous weapon, a misdemeanor for which the maximum imprisonment was one year. Rouse challenged his commitment on grounds of habeas corpus; he had been confined for …Read more

Tags: Compulsory commitment, Incapacity, Incompetence, Insanity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology
Download Judgment: English