37 judgments found.

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
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R (on application of S) v. Louize Collins and Ors.

Country: United Kingdom
Year: 1998
Court: Court of Appeal, Civil Division
Citation: [1998] EWCH Admin 490
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

A 36 weeks-pregnant woman, referred to as “MS”, sought care as a new patient at a local National Health Service (NHS) practice on 25th April 1996. She previously had not sought any ante-natal care. She was quickly diagnosed with pre-eclampsia, a condition threatening the life and health of both her and her baby. She rejected …Read more

Tags: Caesarean, Childbirth, Compulsory treatment, Depression, Diagnostics, Eclampsia, Emergency care, Examination, Forced treatment, Incapacity, Informed choice, Involuntary treatment, Mandatory treatment, Maternal health, Mental competence, Non-consensual testing and treatment, Patient choice, Pregnancy, Public hospitals, Unauthorized treatment
Download Judgment: English

Burnett v. Mental Health Tribunal

Country: Australia
Year: 1997
Court: Supreme Court of Australian Capital Territory
Citation: [1997] ACTSC 310
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

This case involved a challenge to a decision of the Australian Capital Territory (ACT) Mental Health Tribunal. The ACT Supreme Court set aside an order to detain and administer psychiatric treatment to Geraldine Patricia Burnett, a 38 year old woman who suffered from a mild psychotic disorder. Burnett had at various times been taken into …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory treatment, Forced treatment, Incapacity, Incompetence, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Non-evidence based treatment, Paranoia, Psychiatry, Psychology
Download Judgment: English

R v. Human Fertilisation and Embryology Authority, ex parte Blood

Country: United Kingdom
Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] 2 All ER 687; [1997] 2 WLR 806; [1999] Fam 151
Health Topics: Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

Mr. and Mrs. Blood were married and attempting to have a family. Unfortunately, Mr. Blood contracted meningitis and went into a coma prior to any conception, so Mrs. Blood requested that doctors take sperm by electro-ejaculation while Mr. Blood was in the coma. The doctors took two different samples, and Mr. Blood passed away soon …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Compulsory treatment, Family planning, Forced treatment, Health care technology, Health regulation, In utero fertilization, In vitro fertilization, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Spousal consent, Unauthorized treatment
Download Judgment: English

Winnipeg Child, et al. v. D.F.G.

Country: Canada
Year: 1997
Court: Supreme Court
Citation: [1997] 3 R.C.S.
Health Topics: Controlled substances, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to liberty and security of person
Facts:

The respondent was five months pregnant with her fourth child and addicted to glue sniffing, which is known to be potentially damaging to the nervous system of a developing fetus. Two of her previous children were born permanently disabled as a result of her addiction and were permanent wards of the state. A judge of …Read more

Tags: Addiction, Compulsory treatment, Drug use, Forced treatment, Involuntary treatment, Mandatory treatment, Maternal health, People who use drugs, Pregnancy, Rehabilitation, Substance abuse
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Riggins v. Nevada

Country: United States
Year: 1992
Court: Supreme Court
Citation: 504 U.S. 127 (1992)
Health Topics: Informed consent, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The petitioner, David Riggins, challenged his criminal convictions on the basis that his liberty and right to due process of the law, as protected by the Sixth and Fourteenth Amendments of the U.S. Constitution, were violated when the State of Nevada forcibly administered him with an antipsychotic drug during his trial. In November 1987, Riggins …Read more

Tags: Detainee, Forced treatment, Incompetence, Involuntary treatment, Mandatory treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychosis
Download Judgment: English

Richardson v. Redpath Brown and Co. Ltd.

Country: United Kingdom
Year: 1944
Court: House of Lords
Citation: [1944] 1 All ER 110
Health Topics: Disabilities, Health care and health services, Occupational health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The employer of an injured steel erector sued its employee, seeking an injunction that would require the employee to undergo radical surgery to obtain relief from a hernia. The hernia, which arose out of and in the course of the employee’s designated work, rendered the employee incapable of performing key work functions. As per the …Read more

Tags: Compulsory examination, Compulsory treatment, Disabled, Employment, Examination, Forced examination, Forced treatment, Handicapped, Health care professionals, Involuntary examination, Involuntary treatment, Mandatory examination, Mandatory treatment, Occupational accident, Patient choice, Physically challenged, Workers' compensation
Download Judgment: English