12 judgments found.

I.F. v. Mental Health Tribunal and Ors.

Country: Ireland
Year: 2018
Court: Court of Appeal
Citation: [2018] IECA 101
Facts:

The applicant, Ms. F, a woman in her early 60’s had a history of mental illness, was recommended by Ireland’s National Police and Security Service for an approved center (Mental Health Center), when it came to the fore that she has allegedly threatened her neighbor with a knife. The recommendation was made by a general …Read more

Tags: Informed consent, Mental health, Right to Liberty and Security of Person
Download Judgment: English

PBU v Mental Health Tribunal

Country: Australia
Year: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Facts:

Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more

Tags: Disabilities, Freedom from Discrimination, Health care and health services, Health information, Informed consent, Medical malpractice, Mental health, Right to bodily integrity, Right to Health, Right to Privacy
Download Judgment: English

Transgender Europe and ILGA-Europe v. the Czech Republic

Country: Czech Republic
Year: 2018
Court: European Committee of Social Rights
Citation: Complaint No. 117/2015
Facts:

Transgender Europe and ILGA-Europe, the petitioners, filed a complaint before the European Committee of Social Rights (hereinafter “the Committee”). The plaintiffs alleged before the Committee that the situation in the Czech Republic was in breach of art.11 either alone or in light of the non-discrimination clause of the Preamble to the 1961 European Social Charter …Read more

Tags: Freedom from Discrimination, Health care and health services, Informed consent, Right to bodily integrity, Right to Health, Sexual and reproductive health
Download Judgment: English

Mwewa et al. v Zambia (Attorney General) et al.

Country: Zambia
Year: 2017
Court: High Court of Zambia
Citation: [2017] ZMHC 77
Facts:

The petitioners, Gordon Maddox Mwewa, Mulima Santa Kasote, and Sylvester Katontoka were involuntarily detained in Chainama Hills Hospital following periods of mental health issues. Out of the three petitioners, Kasote and Katontoka were arrested and detained by police officers according to the Mental Disorders Act. They filed the petition before the High Court of Zambia …Read more

Tags: Freedom from Discrimination, Freedom from Torture and Cruel, Health care and health services, Informed consent, Inhuman or Degrading Treatment, Mental health, prisons, Public safety, Right to Health, Right to Liberty and Security of Person, Right to Property, violence
Download Judgment: English

Federation of Catholic Families in Europe v. Sweden

Country: Sweden
Year: 2015
Court: European Committee of Social Rights
Citation: Complaint No. 99/2013
Facts:

The complainant, Federation of Catholic Families in Europe (FAFCE), had alleged violation of Article 11 of the European Social Charter(hereinafter Charter) on the ground that the government of Sweden (hereinafter respondent) had failed to enact legislation or insufficient/poorly implement legislation governing the practice of conscientious objection by health care providers, which had led to discrimination …Read more

Tags: Freedom from Discrimination, freedom of religion, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Occupational health, Right to Enjoyment of Favorable Working Conditions, Right to Health, Sexual and reproductive health
Download Judgment: English

Dvořáček v. Czech Republic

Country:
Year: 2014
Court: 2014
Citation: ECHR 328 (2014)
Facts:

This case is concerned with the conditions surrounding the compulsory admission of the applicant, Mr. Dvořáček, to a psychiatric hospital to undergo, what the European Court of Human Rights described as, “protective sexological treatment”. The applicant was diagnosed with Wilson’s disease in 1999 and was also found to be afflicted with hebephilia owing to which …Read more

Tags: Chronic and noncommunicable diseases, Freedom from Torture and Cruel, Hospitals, Informed consent, Inhuman or Degrading Treatment, Mental health, Right to bodily integrity, sexual and reproductive rights
Download Judgment: English

Gajewski v. Wilkie

Country: Canada
Year: 2014
Court: Ontario Court of Appeal
Citation: [2014] O.J. No. 6026
Facts:

The Appellant, Mr. Bartosz Gajewski, was detained at the Centre for Addiction and Mental Health (hereinafter CAMH) in Toronto after he was found to be suffering from a mental disorder at his trial on the charges of assault and attempted kidnapping. After his admission into CAMH, the doctor proposed antipsychotic medication and provided information to …Read more

Tags: Health care and health services, Informed consent, Mental health, Right to bodily integrity, Right to Due Process/Fair Trial
Download Judgment: English

Ediger v. Johnston

Country: Canada
Year: 2013
Court: Supreme Court of Canada
Citation: 2013 SCC 18
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
Facts:

The plaintiff, Cassidy Ediger (C) suffered from persistent bradycardia (slow heartrate) during birth resulting in severe brain damage. During the delivery procedure, the doctor attempted a mid-level forceps procedure as C’s mother’s labour was not progressing. Dr. Johnston did not inform C’s mother of the risks involved in the procedure including bradycardia and hence did …Read more

Tags: Compensation, Damages, Differently abled, Disclosure, Duty of care, Emergency care, Health care professionals, Infant health, Informed consent, Medical negligence, Negligence, Standard of care, Tort
Download Judgment: English

Hallo Bi @ Halima W/O Aamin v. State of Madhya Pradesh & two Others

Country: India
Year: 2013
Court: High Court of Madhya Pradesh
Citation: 2013SCCONLINEMP445
Facts:

The petitioner in the present case was a pregnant woman, languishing in jail for allegedly committing murder under Section 302 of the Indian Penal code, of Usman, who forced her into prostitution and committed rape on her. An application for termination of her pregnancy was rejected by the Chief Judicial Magistrate and therefore the case …Read more

Tags: Informed consent, Mental health, prisons, Right to bodily integrity, Right to Liberty and Security of Person, Sexual and reproductive health, violence
Download Judgment: English

Petukhova v. Russia

Country: Russia
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28796/07
Health Topics: Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Applicant, Petukhova, argued that she was deprived of her liberty when she was forced to have an involuntary examination. She alleged that this violated Article 5 § 1 (b) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”), which protects the right to liberty and security of person. In December 2005, …Read more

Tags: Compulsory examination, Forced examination, Informed consent, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory examination, Mental competence, Mental disorder, Mental health, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English
Page 1 of 212