77 judgments found.

F v. West Berkshire Health Authority and Anr.

Country: United Kingdom
Year: 1989
Court: House of Lords
Citation: [1989] 2 All ER 545
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

F was a 36 year old adult woman who suffered from a disability that left her with the mental capacity of a young child.  She had been a voluntary in-patient at a mental hospital since the age of 14, where she received treatment and enjoyed a great degree of freedom of movement. Although the facility …Read more

Tags: Birth control, Compulsory treatment, Forced treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental retardation, Non-consensual testing and treatment, Patient choice, Sterilization, Unauthorized treatment
Download Judgment: English

E. (Mrs.) v. Eve

Country: Canada
Year: 1986
Court: Supreme Court
Citation: [1986] 2 S.C.R. 388
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth.  Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more

Tags: Compulsory sterilization, Compulsory treatment, Contraception, Contraceptives, Family planning, Forced sterilization, Forced treatment, Incapacity, Incompetence, Informed choice, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization
Download Judgment: English French

Ford v. Wainwright

Country: United States
Year: 1986
Court: Supreme Court
Citation: 477 U.S. 399 (1986)
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, Right to life
Facts:

The Appellant, Ford, was convicted of murder in a Florida state court and sentenced to death in 1974. There was no suggestion that he was incompetent at the time of the offense, at trial, or at sentencing. However in 1982, Ford began to manifest gradual changes in behavior, which, based on a psychiatric examination, indicated …Read more

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

X & Y v. The Netherlands

Country: Netherlands
Year: 1985
Court: European Court of Human Rights
Citation: App. No. 8978/80, 8 Eur. H.R. Rep. 235 (1986).
Health Topics: Child and adolescent health, Disabilities, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The applicant, a father of a mentally handicapped woman, found himself unable to institute criminal proceedings against an individual who had sexually assaulted his daughter due to a gap in the domestic criminal laws of the Netherlands, which required the victim to file the complaint herself. Although the victim was more than sixteen years of …Read more

Tags: Children, Disabled, Handicapped, Incapacity, Incompetence, Mental competence, Mental disability, Mental disorder, Mental retardation, Minor, Molestation, Pediatric health, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Violence against women
Download Judgment: English

Winterwerp v. Netherlands

Country: Netherlands
Year: 1979
Court: European Court of Human Rights
Citation: Application No. 6301/73; (1979) 2 EHRR 387; [1979] ECHR 4
Health Topics: Mental health
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
Facts:

Winterwerp brought an action against the Netherlands following his detention in a psychiatric hospital. Winterwerp was committed to a psychiatric hospital in accordance with the emergency procedure then in force under the Act on State Supervision of Mentally Ill Persons. Six weeks later, during Winterwerp’s emergency detention, his wife applied for his provisional detention at …Read more

Tags: Compulsory commitment, Compulsory confinement, Detainee, Detention, Incompetence, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology

Rouse v. Cameron (No. 2)

Country: United States
Year: 1967
Court: District of Columbia Circuit Court of Appeals
Citation: 387 F.2d 241 (1967)
Health Topics: Mental health
Human Rights: Right to due process/fair trial
Facts:

Petitioner Rouse brought this habeas corpus action alleging that he had been unlawfully committed to a hospital for the mentally ill because he had not voluntarily and knowingly introduced the insanity defense or authorized his attorney to do so during his trial on a misdemeanor charge of carrying a weapon without a license. When he …Read more

Tags: Compulsory commitment, Incapacity, Incompetence, Insanity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology
Download Judgment: English

Rouse v. Cameron (No. 1)

Country: United States
Year: 1966
Court: District of Columbia Circuit Court of Appeals
Citation: 373 F.2d 451 (1966)
Health Topics: Mental health
Human Rights: Right to health, Right to liberty and security of person
Facts:

In 1962, Appellant Rouse was involuntarily committed to a mental hospital pursuant to D.C. Code § 24-301 after being found not guilty by reason of insanity of carrying a dangerous weapon, a misdemeanor for which the maximum imprisonment was one year. Rouse challenged his commitment on grounds of habeas corpus; he had been confined for …Read more

Tags: Compulsory commitment, Incapacity, Incompetence, Insanity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology
Download Judgment: English
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