63 judgments found.

C. v. Australia

Country: Australia
Year: 2002
Court: United Nations Human Rights Committee
Citation: U.N. H.R. Comm., U.N. Doc. CCPR/76/D/900/1999 (Nov. 13, 2002).
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

Petitioner claimed a breach of Article 7 (freedom from torture, cruel, inhuman or degrading treatment and punishment) and Article 9, particularly Article 9(1) (right to liberty and security of person) and Article 9(4) (a person deprived of liberty’s right to fair trial) of the International Covenant on Civil and Political Rights (ICCPR) when he was …Read more

Tags: Compulsory confinement, Detention, Involuntary confinement, Mental disorder, Mental illness, Torture
Download Judgment: English

Anderson and Ors. v. Scottish Ministers and Anr.

Country: United Kingdom
Year: 2001
Court: Privy Council
Citation: [2001] UKPC D5
Health Topics: Mental health, Public safety
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The three applicants were mental patients held in state hospitals who had been convicted of homicide.  At the time of their convictions, the medical view was that all psychiatric conditions were treatable to an extent.  However, relevant medical knowledge had moved on, and medical advice was now that the conditions of the three applicants were …Read more

Tags: Compulsory confinement, Involuntary commitment, Involuntary confinement, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution
Download Judgment: English

Keenan v. United Kingdom

Country: United Kingdom
Year: 2001
Court: European Court of Human Rights
Citation: App. No. 27229/95, 33 Eur. H.R. Rep. 913 (2001).
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

The applicant brought an action on behalf of her mentally ill son, Mark Keenan, who killed himself in prison, alleging the State was in violation of Articles 2 (right to life), 3 (prohibition of torture) and 13 (right to an effective remedy) of the European Convention. The applicant alleged that her son, who was known …Read more

Tags: Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Incompetence, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Isolation, Jail, Mandatory confinement, Mental disorder, Mental illness, Paranoia, Psychiatry, Psychology, Schizophrenia, Seclusion, Suicide, Torture
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Case 240-2000

Country: El Salvador
Year: 2000
Court: Supreme Court
Citation: No. 240-2000
Health Topics: Hospitals, Mental health
Human Rights: Right to liberty and security of person
Facts:

The petitioner challenged an order by the lower court allowing his continued detention in a psychiatric hospital. A psychiatrist who had examined him stated that he could make a full recovery through outpatient treatment and did not need to remain detained. The lower court had upheld his detention because he was diagnosed with undifferentiated schizophrenia …Read more

Tags: Compulsory commitment, Compulsory confinement, Health facilities, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Psychiatry, Schizophrenia
Download Judgment: English Spanish

Croke v.Ireland

Country: Ireland
Year: 2000
Court: The European Court of Human Rights
Citation: [2000] EHCR 33267/96
Health Topics: Health care and health services, Hospitals, Mental health
Human Rights: Right to liberty and security of person
Facts:

The applicant, Mr. Croke filed a complaint under Article of the European Convention on Human Rights about the absence of an independent and automatic review prior to or immediately after his initial detention in a psychiatric hospital and about the absence of a periodic, independent and automatic review of his detention thereafter. In the early …Read more

Tags: Compulsory commitment, Compulsory confinement, Heath facilities, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental illness, Mental institution, Psychiatry. Mental disorder
Download Judgment: English

Kudla v. Poland

Country: Poland
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 30210/96, 35 Eur. H.R. Rep. 198 (2000).
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
Facts:

Applicant, a Polish national suffering from chronic depression, alleged violations of Articles 3 (prohibition of torture), 5.3 (trial within a reasonable time), 6.1 (unreasonably long proceedings), and 13 (effective remedy) of the European Convention on Human Rights (ECHR). The applicant was in detention for fraud charges. While in prison, he attempted suicide twice and went …Read more

Tags: Access to health care, Access to treatment, Compulsory commitment, Compulsory confinement, Counseling, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Depression, Detainee, Detention, Examination, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Involuntary confinement, Jail, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Prison conditions, Psychiatry, Psychology, Suicide, Torture

Varbanov v. Bulgaria

Country: Bulgaria
Year: 2000
Court: European Court of Human Rights
Citation: App. No. 31365/96, Eur. Ct. H.R. 457 (2000).
Health Topics: Health care and health services, Health systems and financing, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Applicant was accused of being mentally ill and dangerous. The District Prosecutor’s Office opened an inquiry. A police officer heard the applicant, who allegedly presented a document issued by a psychiatrist certifying that he was mentally fit. Later applicant refused an invitation by the prosecutor to undergo psychiatric examination therefore he was forcefully detained at …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory testing, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Paranoia, Psychiatry
Download Judgment: English French

A v. New Zealand

Country: New Zealand
Year: 1999
Court: United Nations Human Rights Committee
Citation: U.N. Doc. CCPR/C/66/D/754/1997 (Aug. 3, 1999).
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The applicant had developed an obsession with a young woman he had met and had begun pursuing her persistently. He was convicted of assault after grabbing her by the wrists to make her stop and talk to him. He was subsequently examined by a psychiatrist and was diagnosed as having elements of a paranoid personality. …Read more

Tags: Compulsory confinement, Involuntary confinement, Mental disorder, Paranoia, Psychiatry
Download Judgment: English

Olmstead v. L.C.

Country: United States
Year: 1999
Court: Supreme Court
Citation: 527 U.S. 581 (1999)
Health Topics: Disabilities, Health care and health services, Hospitals, Mental health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to liberty and security of person
Facts:

The Respondents, L. C. and E. W., both mentally disabled women, brought proceedings against the State alleging that the State’s failure to place them in a community-based program, after their treating professional had determined that such a placement was appropriate, violated Title II of the Americans with Disabilities Act of 1990 (ADA). Title II of …Read more

Tags: Access to treatment, Community-based care, Compulsory confinement, Disabled, Handicapped, Involuntary confinement, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology, Public hospitals, Schizophrenia
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