29 judgments found.

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
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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
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Purohit and Moore v. The Gambia

Country: The Gambia
Year: 2003
Court: African Commission on Human and Peoples' Rights
Citation: Communication No. 241/2001
Health Topics: Informed consent, Mental health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

Complainants P and M were mental health advocates, who brought the complaint on behalf of patients detained at Campama, a psychiatric unit of the Royal Victoria Hospital, and existing and future mental health patients detained under the Mental Health Acts of the Republic of The Gambia. Complainants alleged that legislation governing mental health in The …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory treatment, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Forced treatment, Humiliating treatment, Insanity, Involuntary commitment, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution
Download Judgment: English

Sell v. United States

Country: United States
Year: 2003
Court: Supreme Court
Citation: 539 U.S. 166 (2003)
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
Facts:

Petitioner, Sell, had a long history of mental illness. In 1998, a federal grand jury issued an indictment charging Sell with attempting to murder an FBI agent who had arrested him in connection with a separate charge of mail fraud and a former employee who planned to testify against him in the upcoming fraud case. …Read more

Tags: Compulsory treatment, Forced treatment, Incompetence, Informed choice, Inmate, Insanity, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Non-consensual testing and treatment, Patient choice, Psychiatry
Download Judgment: English

Atkins v. Virginia

Country: United States
Year: 2002
Court: Supreme Court
Citation: 536 U.S. 304 (2002)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The Appellant, Atkins, a mentally disabled individual, was convicted of capital murder and related crimes by a Virginia jury and sentenced to death. He brought this appeal alleging that he could not be sentenced to death because executing the mentally disabled would constitute “cruel and unusual punishment” as prohibited by the Eighth Amendment.

Tags: Cruel and unusual punishment, Detainee, Execution, Imprisonment, Incarceration, Incompetence, Inmate, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Torture
Download Judgment: English

Benedict Jacob v. Grenada

Country: Grenada
Year: 2002
Court: Inter-American Commission on Human Rights
Citation: "Report No. 56/02, Case 12.158, Inter-Am. C.H.R., Doc. 5 rev.1 at 601, OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003"
Health Topics: Mental health, Poverty, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Jacob was convicted of murder by the State and a mandatory death sentence by hanging was imposed on him in accordance with the domestic law of Grenada. Jacob and the deceased had been in a relationship and had lived together previously, ending their cohabitation a few months before the deceased’s death. A psychiatrist testified on …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Imprisonment, Incarceration, Indigent, Inhuman treatment, Inmate, Insanity, Jail, Low income, Poor, Prison conditions, Psychiatry, Torture
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Williams v. Jamaica

Country: Jamaica
Year: 1997
Court: United Nations Human Right Committee
Citation: Communication No 609/1995, U.N. Doc. CCPR/C/61/D/609/1995 (4 November 1997)
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

Williams (W) was convicted of murder and sentenced to death in December 1988. His appeal was dismissed in December 1990 and a senior lawyer advised him that an application to the judicial committee of the privy council for special leave to appeal would have no prospect of success. An appeal against the classification of his …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Imprisonment, Incarceration, Inmate, Insanity, Mental illness, Prison conditions, Schizophrenia
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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

Silva Rocha v. Portugal

Country: Portugal
Year: 1996
Court: European Court of Human Rights
Citation: Application No. 82/1995/588/674
Health Topics: Mental health, Public safety
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Silva Rocha (S) was remanded in custody after a dispute with a neighbor following which the latter died. He was committed for trial on charges of aggravated homicide and illegal possession of weapons and the criminal court found in July 1990 that the established facts constituted these offences. However, it concluded from the medical evidence …Read more

Tags: Compulsory commitment, Insanity, Involuntary commitment, Mandatory commitment, Mental illness, Mental institution, Threat of violence
Download Judgment: English