15 judgments found.

I.F. v. Mental Health Tribunal and Ors.

Country: Ireland
Year: 2018
Court: Court of Appeal
Citation: [2018] IECA 101
Facts:

The applicant, Ms. F, a woman in her early 60’s had a history of mental illness, was recommended by Ireland’s National Police and Security Service for an approved center (Mental Health Center), when it came to the fore that she has allegedly threatened her neighbor with a knife. The recommendation was made by a general …Read more

Tags: Informed consent, Mental health, Right to Liberty and Security of Person
Download Judgment: English

MP v Secretary of State for the Home Department

Country: Sri Lanka, United Kingdom
Year: 2018
Court: Court of Justice of the European Union
Citation: (2018) C-353/16
Facts:

The appellant, MP, was detained and tortured by the Sir Lankan security forces because he was a member of the Liberation Tigers of Tamil Eelam. MP subsequently moved to the United Kingdom in 2005, where he sought asylum, in 2009, on the basis that he would be at further risk of ill-treatment if he returned …Read more

Tags: Freedom from Torture and Cruel, Health care and health services, Inhuman or Degrading Treatment, Mental health, Right to Health
Download Judgment: English

PBU v Mental Health Tribunal

Country: Australia
Year: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Facts:

Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more

Tags: Disabilities, Freedom from Discrimination, Health care and health services, Health information, Informed consent, Medical malpractice, Mental health, Right to bodily integrity, Right to Health, Right to Privacy
Download Judgment: English

Bayev and Ors. v. Russia

Country:
Year: 2017
Court: European Court of Human Rights
Citation: Applications nos. 67667/09, 44092/12, and 56717/12
Facts:

The applicants were three Russian nationals, Mr. Bayev, Mr. Kiselev and Mr. Alekseyev, who had filed applications against the Russian Federation, in response to the legislative ban on “propaganda of non-traditional sexual relations aimed at minors” which was introduced, in part, for the protection of the morality and health of children in Russia. The three …Read more

Tags: Child and adolescent health: Child development, Health information, HIV, Mental health, public health, Right to Access to Information, sexual and reproductive rights
Download Judgment: English

Bempong v. Cooper Place and others

Country:
Year: 2017
Court: British Colombia Human Rights Tribunal
Citation: 2017 BCHRT 23
Human Rights: Freedom from discrimination
Facts:

The Plaintiff Ms. Dora Bempong worked with the Respondent Cooper Place and Central City Lodge (hereinafter the Society) for 20 years. She was a member of and represented by, Hospital Employee’s Union (hereinafter the Union), the second respondent. The relationship between the Society and the Union was governed by a Collective Agreement, which was filed. …Read more

Tags: Freedom from Discrimination, Mental health
Download Judgment: English

Mwewa et al. v Zambia (Attorney General) et al.

Country: Zambia
Year: 2017
Court: High Court of Zambia
Citation: [2017] ZMHC 77
Facts:

The petitioners, Gordon Maddox Mwewa, Mulima Santa Kasote, and Sylvester Katontoka were involuntarily detained in Chainama Hills Hospital following periods of mental health issues. Out of the three petitioners, Kasote and Katontoka were arrested and detained by police officers according to the Mental Disorders Act. They filed the petition before the High Court of Zambia …Read more

Tags: Freedom from Discrimination, Freedom from Torture and Cruel, Health care and health services, Informed consent, Inhuman or Degrading Treatment, Mental health, prisons, Public safety, Right to Health, Right to Liberty and Security of Person, Right to Property, violence
Download Judgment: English

Dumas v. Simba Technologies

Country:
Year: 2015
Court: British Colombia Human Rights Tribunal
Citation: 2015 BCHRT 65, 2015 Carswell BC 975 (2015)
Facts:

The complainant, Cathy Dumas, suffered from a cognitive illness. She had filed a complaint against the respondent, her former employer, Simba Technologies Inc., on the ground of irregular termination of employment due to her mental or physical disability. This termination is claimed to be in violation of S.3 of the Human Rights Code Which lists …Read more

Tags: Disabilities, Freedom from Discrimination, Health information, Mental health, Right to Enjoyment of Favorable Working Conditions, Right to work
Download Judgment: English

Dvořáček v. Czech Republic

Country:
Year: 2014
Court: 2014
Citation: ECHR 328 (2014)
Facts:

This case is concerned with the conditions surrounding the compulsory admission of the applicant, Mr. Dvořáček, to a psychiatric hospital to undergo, what the European Court of Human Rights described as, “protective sexological treatment”. The applicant was diagnosed with Wilson’s disease in 1999 and was also found to be afflicted with hebephilia owing to which …Read more

Tags: Chronic and noncommunicable diseases, Freedom from Torture and Cruel, Hospitals, Informed consent, Inhuman or Degrading Treatment, Mental health, Right to bodily integrity, sexual and reproductive rights
Download Judgment: English

Gajewski v. Wilkie

Country: Canada
Year: 2014
Court: Ontario Court of Appeal
Citation: [2014] O.J. No. 6026
Facts:

The Appellant, Mr. Bartosz Gajewski, was detained at the Centre for Addiction and Mental Health (hereinafter CAMH) in Toronto after he was found to be suffering from a mental disorder at his trial on the charges of assault and attempted kidnapping. After his admission into CAMH, the doctor proposed antipsychotic medication and provided information to …Read more

Tags: Health care and health services, Informed consent, Mental health, Right to bodily integrity, Right to Due Process/Fair Trial
Download Judgment: English

Mashisane v The State

Country: South Africa
Year: 2014
Court: High Court of South Africa, North Gauteng Division, Pretoria
Citation: [2014] ZAGPPHC 1014
Facts:

The appellant was found guilty of rape of a two-year-old girl by the Malamulele regional court under section 11(2) of the criminal procedure Act based on his guilty plea and statement. He was subsequently sentenced on 05 September 2013 to 5 (five) years’ imprisonment, 2 (two) years of which are suspended for 5 (five) years …Read more

Tags: Health information, Mental health, Right to Due Process/Fair Trial
Download Judgment: English
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