152 judgments found.

Boumediene, et al. v. Bosnia-Herzegovina

Country: Bosnia-Herzegovina
Year: 2006
Court: European Court of Human Rights
Citation: Application No. 38703/06, 40123/06, 43301/06, 43302/06, 2131/07 and 2141/07
Health Topics: Diet and nutrition, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Six individuals took their case to the European Court of Human Rights against Bosnia and Herzegovina for failing to assist them during their removal to and detention at Guantanamo Bay. Lakhdar Boumediene, Hadj Boudelaa, Mustafa Ait Idir, Mohamed Nechla, Belkacem Bensayah and Saber Lahmar were all detained at Guantanamo Bay on suspicion of having planned …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Emergency care, Examination, Execution, Humiliating treatment, Hunger strike, Imprisonment, Incarceration, Inhuman treatment, Inmate, Mental disability, Mental disorder, Mental illness, Terrorism, Torture
Download Judgment: English Bosnian Italian

Sestan v. Director of Area Mental Health Services Waitemata District Health Board

Country: New Zealand
Year: 2006
Court: Court of Appeal
Citation: [2006] NZCA 350; [2007] 1 NZLR 767
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Mr. Sestan had depression and bipolar/schizoaffective disorder, which included manic stages where he would be psychotic. He had been admitted to hospital for his condition numerous times. After a suspected manic episode where Mr. Sestan attempted to force another car off the road and bought two apartment, Mr. Sestan went to the emergency department for …Read more

Tags: Bipolar, Compulsory commitment, Compulsory confinement, Depression, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Mental institution, Psychiatry, Schizophrenia
Download Judgment: English

Ximenes-Lopes v. Brazil

Country: Brazil
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more

Tags: Abuse, Clinics, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Inappropriate treatment, Inhuman treatment, Involuntary confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Private hospitals, Psychiatry, Psychology, Torture
Download Judgment: English Portuguese Spanish

Enhorn v. Sweden

Country: Sweden
Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Mental health, Public safety, Sexual and reproductive health
Human Rights: Right to liberty and security of person
Facts:

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

Tags: Addiction, AIDS, Alcohol, Children, Clinics, Compulsory commitment, Compulsory confinement, Condoms, Counseling, Disclosure, Gay, HIV, HIV positive, Homosexual, Involuntary commitment, Involuntary confinement, Isolation, LGBTI, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Paranoia, People living with HIV/AIDS, PLHIV, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Transmission
Download Judgment: English French

Glegg v Smith & Nephew Inc

Country: Canada
Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more

Tags: Compensation, Confidentiality, Damages, Depression, Differently abled, Disabled, Disclosure, Duty of care, Handicapped, Health care professionals, Health care workers, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Mental disorder, Mental illness, Negligence, Non-disclosure, Physically challenged, Remedies, Secrecy, Standard of care, Tort
Download Judgment: English

J v. Secretary of State for the Home Department

Country:
Year: 2005
Court: Court of Appeal (Civil Division)
Citation: [2005] EWCA Civ 629
Health Topics: Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life, Right to privacy
Facts:

The appellant, J, is an ethnically Tamil citizen of Sri Lanka. While living in Sri Lanka, J was captured by, and forced to work for, a militant group called the Liberation Tigers of Tamil Eelam (“LTTE”) between 1991 and 1993. The LTTE released him in 1993. In 1995, J was detained, interrogated, and tortured by the …Read more

Tags: Asylum, Community-based care, Compulsory commitment, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Immigration, Inhuman treatment, Involuntary commitment, Mandatory commitment, Mental disorder, Mental health, Mental illness, Mental institution, Military, Militias, Paranoia, Psychiatry, Suicide, Terrorism, Torture, Trauma
Download Judgment: English

Kent County Council v. G and Ors.

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 68
Health Topics: Child and adolescent health, Mental health
Human Rights: Right to family life
Facts:

K, the local authority initiated care proceedings to remove a child, E, from her parents, G and X. However, they were persuaded to agree to a short period of assessment at a specialist hospital and an interim care order was duly made under s 38(1)[1] of the Children Act 1989 (‘the Act’), including directions as …Read more

Tags: Child development, Children, Mental disorder, Mental illness, Minor, Psychiatry, Psychology
Download Judgment: English

Kolanis v. United Kingdom

Country: United Kingdom
Year: 2005
Court: European Court of Human Rights
Citation: App. No. 517/02, 42 Eur. H.R. Rep. 12 (2006).
Health Topics: Health care and health services, Mental health
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

The applicant, Ms. Kolanis, was convicted of a crime and found to be suffering from mental illness pursuant to the Mental Health Act 1983. Her application to reside at home was upheld by the Tribunal, which ordered her conditional discharge provided she live at home with her parents, be supervised by a social worker and …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, Mental retardation, Psychiatry, Psychology
Download Judgment: English

R (on the application of H) v. Secretary of State for Health

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 60
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

H challenged the provision of the Mental Health Act 1983 under which she was detained as incompatible with her right to liberty and security under Human Rights Act 1998. H was a 32-year old woman who was severely disabled by Down’s syndrome. H’s mother intensely distrusted health and social services, and refused on many occasions …Read more

Tags: Compulsory commitment, Compulsory confinement, Detention, Incompetence, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychology, Unauthorized treatment
Download Judgment: English

R (on the application of Munjaz) v. Mersey Care NHS Trust

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 58
Health Topics: Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to liberty and security of person
Facts:

Colonel Munjaz sought judicial review of Mersey Care NHS Trust’s (Mersey Care) policy on the seclusion of patients detained at the hospital. He claimed that the policy violated both domestic law and the European Convention on Human Rights (ECHR), as incorporated into United Kingdom law by the Human Rights Act 1998 (HRA). Colonel Munjaz was …Read more

Tags: Compulsory commitment, Compulsory confinement, Degrading treatment, Inhuman treatment, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Public hospitals, Seclusion
Download Judgment: English