150 judgments found.

Antunovic v. Dawson and Anr.

Country: Australia
Year: 2010
Court: Supreme Court of Victoria
Citation: (2010) 30 VR 355; [2010] VSC 377
Health Topics: Informed consent, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

Zeljka Antunovic, 35 years of age, suffered from a mental illness for which she was treated involuntarily under a community treatment order issued pursuant to the Mental Health Act of 1986. She lived at the Northfolk Terrace Community Center Unit for some time before deciding she wished to return home to live with her mother. …Read more

Tags: Community-based care, Compulsory commitment, Compulsory treatment, Forced treatment, Health care professionals, Health care workers, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry
Download Judgment: English

Carl Peter Erdliner v. Government of Rwanda

Country: Rwanda
Year: 2010
Court: High Court at Kigali
Citation: Case N° RPA 0646/10/HC/KIG
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Mental health, Prisons
Human Rights: Freedom of expression, Right to due process/fair trial, Right to health
Facts:

The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more

Tags: Access to treatment, Custody, Depression, Detainee, Detention, Heart disease, Incapacity, Jail, Mental disorder, Mental illness, Noncommunicable diseases
Download Judgment: English

L v. RIDCA Central (Regional Intellectual Disability Care Agency)

Country: New Zealand
Year: 2010
Court: High Court
Citation: HC WN CIV-2010-485-1279
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The claimant (L), a 45-year-old woman with an intellectual disability, appealed a decision by the Family Court which had ordered a 12-month extension to the compulsory care order that L was under. The care order had been initially ordered under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDCCR Act”) because of L’s violent …Read more

Tags: Compulsory commitment, Compulsory confinement, Health care professionals, Health care workers, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology
Download Judgment: English

R v. Conway

Country: Canada
Year: 2010
Court: The Supreme Court of Canada
Citation: 2010 SCC 22
Health Topics: Hospitals, Mental health, Public safety, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The accused was found not guilty by reason of insanity on a charge of sexual assault with a weapon in 1983. He was subsequently detained in numerous mental health facilities. Before his annual review hearing in 2006 was held, the accused alleged that the centre in which he was detained had violated his constitutional rights …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Health facilities, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Psychiatry, Psychology, Rape, Sexual abuse, Sexual assault, Sexual violence, Threat of violence, Violence against women
Download Judgment: English

R. v. Hneihen

Country: Canada
Year: 2010
Court: Ontario Superior Court of Justice
Citation: 2010 ONSC 5353
Health Topics: Health care and health services, Hospitals, Mental health, Prisons
Human Rights: Right to liberty and security of person
Facts:

Mr. Hneihen was found not criminally responsible by reason of mental disorder (NCRMD), in relation to several criminal charges. The trial judge ordered that Mr. Hneihen be detained at the Centre for Addiction and Mental Health (CAMH) pending review by the Ontario Review Board (ORB), an independent tribunal that oversees individuals unfit to stand trial …Read more

Tags: Access to health care, Access to treatment, Compulsory commitment, Counselling, Custody, Detention, Imprisonment, Incarceration, Inmate, Involuntary commitment, Jail, Mandatory commitment, Mental disorder, Mental illness, Mental institution
Download Judgment: English

RIDCA Central (Regional Intellectual Disability Care Agency) v. VM

Country: New Zealand
Year: 2010
Court: Court of Appeal
Citation: [2010] NZCA 213
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

An order for compulsory care had been made for V.M. for two years, which was extended for an additional two years under s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDDCR Act”).  On appeal, the High Court found that the Family Court should not have granted the extension and quashed the …Read more

Tags: Compulsory commitment, Involuntary commitment, Mandatory commitment, Mandatory treatment, Mental disorder
Download Judgment: English

Seaton v. Mayberg

Country: United States
Year: 2010
Court: 9th Circuit Court of Appeal
Citation: 610 F.3d 530 (2010)
Health Topics: Health information, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Appellant, Seaton, an inmate, brought suit against the director of the California Department of Mental Health, the administrator of a state hospital, and two psychologists, alleging that they violated his constitutional right to privacy when they examined and communicated their opinions about his medical records to the district attorney’s office in the period before …Read more

Tags: Compulsory commitment, Confidentiality, Detention, Disclosure, Health data, Health information, Imprisonment, Incarceration, Inmate, Involuntary commitment, Involuntary confinement, Mandatory commitment, Medical records, Mental disability, Mental disorder, Mental illness, Mental institution, Non-disclosure, Psychiatry, Psychology, Torture
Download Judgment: English

STC 132/2010

Country: Spain
Year: 2010
Court: Constitutional Court
Health Topics: Child and adolescent health, Disabilities, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

A citizen appeared in the court of first instance, asking for judicial authorization to commit her uncle to a psychiatric hospital due to his mental disorders and alcoholism, in accordance with the first and second paragraphs of Article 763.1 of Law 1/2000 of the civil procedure code (“Art. 763.1”). The court of first instance remanded …Read more

Tags: Children, Compulsory commitment, Involuntary commitment, Mandatory commitment, Mental disorder, Mental illness, Mental institution
Download Judgment: English Spanish

A., D. M. s/ Internación

Country: Argentina
Year: 2009
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 802. XLIV.
Health Topics: Health care and health services, Mental health
Human Rights: Right to health, Right to life
Facts:

The mother of the plaintiff filed a suit with the Public Defender of Minor and Disables n°6 for it to take the corresponding measures to protect the psychological and physical integrity of her son, who suffered from Schizophrenia and had been under physiological treatment during six years. The Public Defender of Minor and Disables N°6 requested …Read more

Tags: Compulsory confinement, Mental disorder, Mental health, Mental institution Schizophrenia, Right to Fair Trial, Right to Health
Download Judgment: Spanish

Case 53-O09-81

Country: Russia
Year: 2009
Court: Supreme Court
Health Topics: Informed consent, Mental health, Public safety
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person
Facts:

O. was released from criminal responsibility for violating Article 105 of the Criminal Code of the Russian Federation (relating to a contract killing) because the Supreme Court of the Republic of Bashkortostan determined that O. had committed the act in a state of insanity. O. was sentenced to compulsory outpatient observance and treatment by a …Read more

Tags: Community-based care, Compulsory commitment, Compulsory treatment, Insanity, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Threat of violence
Download Judgment: English Russian