17 judgments found.

Hallo Bi @ Halima W/O Aamin v. State of Madhya Pradesh & two Others

Country: India
Year: 2013
Court: High Court of Madhya Pradesh
Citation: 2013SCCONLINEMP445
Facts:

The petitioner in the present case was a pregnant woman, languishing in jail for allegedly committing murder under Section 302 of the Indian Penal code, of Usman, who forced her into prostitution and committed rape on her. An application for termination of her pregnancy was rejected by the Chief Judicial Magistrate and therefore the case …Read more

Tags: Informed consent, Mental health, prisons, Right to bodily integrity, Right to Liberty and Security of Person, Sexual and reproductive health, violence
Download Judgment: English

Horvath et al. v. Hungary

Country: Hungary
Year: 2013
Court: European Court of Human Rights
Citation: [2013]ECHR 11146/11
Facts:

The case was the result of an application filed by, Mr.Horváth and Mr. Kiss, Hungarian nationals of Roma origin against the respondent, Republic of Hungary, under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedom (hereinafter ‘Convention’) alleging a violation of Article 2 Protocol no. 1 read in conjunction with …Read more

Tags: Freedom from Discrimination, Mental health, Right to Development, Right to education
Download Judgment: English

PC and NC v.City of York Council

Country:
Year: 2013
Court: The Court of Appeal (Civil Division)
Citation: [2013] EWCA Civ 478
Facts:

PC, the petitioner was a forty-eight-year-old woman who was diagnosed with mild learning disabilities with an IQ assessment between 66 and 69. She had been in and out of relationships and had sustained two terminations in the course of her relationships and had also denied having sexual intercourse during her first termination. In 2001, PC …Read more

Tags: Mental health, Right to Family Life
Download Judgment: English

Petukhova v. Russia

Country: Russia
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28796/07
Health Topics: Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Applicant, Petukhova, argued that she was deprived of her liberty when she was forced to have an involuntary examination. She alleged that this violated Article 5 § 1 (b) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”), which protects the right to liberty and security of person. In December 2005, …Read more

Tags: Compulsory examination, Forced examination, Informed consent, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory examination, Mental competence, Mental disorder, Mental health, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English

Bures v The Czech Republic

Country: Czech Republic
Year: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more

Tags: Compulsory commitment, Compulsory treatment, Controlled substances, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hospitals, Informed consent, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental disability, Mental health, Mental institution, Neurological diseases, Psychiatry, Psychology, Psychosis, Psychotropic drugs, Rehabilitation, Torture
Download Judgment: English

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

A v. New Zealand

Country: New Zealand
Year: 1999
Court: United Nations Human Rights Committee
Citation: CCPR/C/66/D/754/1997
Facts:

The applicant, “A” (name withheld in decision),  was born in December 1955. “A” had one prior criminal conviction for threatening to damage property of Television New Zealand and was sentenced in October 1982 to one year probation. He was arrested again in October 1983 for harassing a young woman (B, name withheld) whom he had …Read more

Tags: access to justice, Arbitrary detention, Assault, Compulsory treatment, Detention, discrimination, Freedom of Thought, Health information, Imprisonment, Mental health, Mental illness, Paranoia, Psychiatry
Download Judgment: English