The Court issued this decision in response to numerous petitions challenging the constitutionality of the sections of the Act CLIV of 1997 on Healthcare pertaining to the treatment of psychiatric patients, especially those with limited disposing capacity. One petitioner objected to the provision of the AH which allowed a therapist to use the assistance of …Read more

The applicant, a United Kingdom national, suffered from severe autism. He was unable to speak, his level of understanding was limited, and he lacked the ability to consent or refuse treatment. For over thirty years he had been cared for in Bournewood Hospital as an in-patient at the Intensive Behavioural Unit after which time he …Read more

The petitioner, an Italian citizen detained by Australian authorities for breach of immigration law, alleged possible violations of family rights under the International Covenant on Civil and Political Rights (ICCPR) due to his continued detention which led to his mental health deterioration. Initially, when petitioner suffered a mental health deterioration while detained, he was released …Read more

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

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

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

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

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

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

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